Research On The Internal Control Of The Administrative Punishment Discretion On The Administrstion Of Quality And Technology Supervision Of Yingde City Guangdong Province

Discretion is one of the fundamental characteristics of modern administration and it is anindispensable means for the application and execution of laws, the realization of administra-tive objectives, the provision of public goods and the enhancement of social welfare. Inmodern administrative activities, although rules is still an important approach to achievejustice, but sometimes the realization of justice would not only be gained by applicable rules.To individuals, discretion of justice is more in line with the requirements of Substantialrationality, according to the rules and the particularity of individual cases. As an importantpart of the government, the quality and technical supervision department has administrativediscretion permeated in all of its functions. The administrative punishment discretion is oneof the power which most affect the administrative relative person rights and interests, aconsensus has gradually been reached on the importance of administrative punishmentdiscretion in the field of quality and technical supervision. As a staff member working in thequality and technical supervision department, the author is strongly aware of the positive roleadministrative discretion plays in helping the quality and technical supervision departmenteffectively perform its functions and of the disadvantages the improper use of administrativediscretion will bring. Therefore effectively control the use of administrative punishmentdiscretion has an important significance for the administrative law enforcement work of thequality and technical supervision department.In this article, the author emphatically from the angle of internal to investigate thecontrol issues of the administrative punishment in the administration of quality andtechnology supervision, which is based on the internal control of initiative, professionalismand synchronicity etc, it can overcome some of the external control immanence limitationsand improve the administrative efficiency. This paper consists of introduction, body,conclusion three parts. In the introduction (chapter1), the author state this paper’s researchbackground and significance, propose the related basic concept of the administrativediscretion, an overview of the basic situation of administration on the quality and technologysupervision department of Yingde city (YDQTS), review the research results of domestic andforeign administrative discretion, introduce the research ideas and research methods. Thebody is divided into four parts, the first part (chapter2) is for the internal control theory oflegitimacy of the administrative discretion, first state the external control methods of theimproper use of administrative discretion and their insufficient, then the internal controlmethods for administrative discretion is put forward and its importance；The second part (chapter3) is to introduce the YDQTS’s current situation and problems of the use of theadministrative punishment discretion; The third part (chapter4) analysis the cause of theimproper use of the administrative punishment discretion in YDQTS; The fourth part (chapter5) is to given some countermeasures and suggestions to strengthen the internal control toprevent improper use of the administrative punishment discretion, the countermeasures andsuggestions are from four aspects: One is to set up the standard of the administrativediscretion, restrain the exercise of discretion from the entity; Two is to establish thedemonstration mechanism of administrative discretion by the precedents of administration;Three is to perfect the internal supervision of administration; Four is to strengthen the lawenforcement team construction. Finally the paper’s conclusion, in conclusion, the papersummarizes the main conclusion and shortages.