The Research On The Discretion In The Public Health Administrative Penalty

Discretion is in every corner of administrative law. There isjustifiability and necessity in use of discretion in administrative penalties.Also it is undeniable that every coin has two sides, discretion plug thelegal loopholes which is caused by legal lagging, rigid execution due tothe changing society. Discretion improves the administrative efficiencyand effectiveness. But it also causes the negative phenomenon of abuse ofadministrative rights.This paper states that health administration department can avoid thearbitrariness of law enforcement, prevent the abuse of rights, ensure thejustice of the security cases and the interests of administrative counterpartby methods of ruling administrative penalty discretion principles,establishing the specific cause of action discretion standard, requiring thediscretionary reasons, establishing the accreditation system files,publishing the discretion standard, reviewing the administration of justice and etc. by analyzing the administrative punishment situation of the city’shealth administrative departments for "no health certificate " in publicplaces.