Research On The Self-Regulation Of Drug Administrative Penalty Discretion

Administrative discretion exists widely in various administrative areas. The effective execution of administrative discretion is helpful to improve the administrative efficiency and achieve individual justice. On the other hand, the abuse of administrative discretion may infringe the legitimate rights and interests of administrative relative person, and may produce power rent-seeking and corruption phenomenon. Therefore, it is particularly important to regulate the administrative discretion effectively. At present, the regulation modes of the administrative discretion power mainly include legislative regulation, judicial regulation and administrative self regulation. From the perspective of legislation regulation, there are the shortcomings of poor predictability, high cost and long cycle. From the perspective of judicial regulation, the disadvantages such as low efficiency and poor independence exist. It is difficult to achieve the effective regulation of administrative discretion if just relying on external regulation ways.Drug is a special commodity, drug supervision and administration area is a professional and highly technical field. The execution of drug administrative penalty discretion is not only related to the legitimate rights and interests of administrative relative person, also directly related to people’s life safety and social harmony and stability. External regulation mode exists defects, such as low efficiency, high cost, long period. It is difficult to effectively regulate the expanding discretion of drug supervision and administration, and self-regulation has the advantages of strong professional and high efficiency, which the external regulation modes are incomparable. Therefore, on the basis of the external regulation modes, establishing a set of perfect and effective self regulation mechanism has important practical and theoretical significance. Based on the analysis of the basic theory, the paper expounds the necessity of self-regulation of the drug administrative penalty discretion. And then analyzes the current problems and reasons in the self-regulation mode of drug administrative discretion. In the end, from the aspects of administrative ethics, etc, the author proposes several suggestions to improve the mechanism of self-regulation.