Study Of Quality Supervision Administrative Penalty Discretion In Enforcement And Control

In recent years, emerge in an endless stream of illegal behavior of fake and shoddy products quality, although after the crackdown, but still like a centipede dies but never falls down, the illegal behavior of product quality seriously affects the national image in the world, at home and bring the people great harm, but also seriously disrupt social and economic order, causing substantial damage to many legitimate businesses, cause many irreparable loss of life and property, has become a public nuisance."Ground of steel","black heart cotton","oil refineries,""the question powdered milk" and so on, is one of the typical.The departments of quality and technology supervision as the supervisory department for product quality and safety in production field, is shouldering the important mission to investigate and punish the illegal behavior of the product quality from the source, to exercise the legal punishment of violations of the law on product quality of administrative power.Administrative penalty discretion is the core power of administrative power, rational use of administrative penalty discretion is conducive to improve the administration efficiency, rationality of the specific administrative act, but if the improper and legitimate rights and interests, the administrative relative person’s great harm to corruption, and even affect national long period of stability. Since the study on administrative penalty discretion is one of the important subject in the field of administrative law, the quality supervision departments investigate and deal with illegal acts as the product quality from the source of the main departments, exercise the administrative punishment discretion throughout its working life, frontline staff as a long time engaged in administrative law enforcement work in the quality supervision departments, the harm of positive significance to realize deeply the correct exercise of discretion of quality supervision departments to effectively perform law enforcement functions and unreasonable exercise of discretion. In this paper, by combining with the actual case and administrative illegal behavior in the work process, from the aspects of legislation, to make administrative punishment procedures, legal application and the quality supervision departments of internal functions of the structure on the quality supervision departments investigate and deal with illegal behavior, the quality of the products so that the discretion of administrative penalty of the views put forward their views.