Research On The Discretion Standard Of The Food Safety Administrative Penalty

Administrative discretion is the core of administrative law, it makes the law more flexible, the existence of discretionary power set up a bridge between the legislation with the specific social reality. But at the same time, the abuse of discretionary power violate the legitimate rights and interests of administrative counterpart. Therefore, how to ensure the proper exercise of administrative discretion is the focus of research in theoretical circles. Over the past decade, discretion standard has already become one of the highlights of our Administrative Law Enforcement, While the discretion standard system is widely used in practice, it aroused the concern of scholars, more and more scholars began to discuss and pay attention to discretion standard. However, there were few scholars do the research on this system combine with specific areas. It is the most valuable part of one system that can guide and fit with practice so as to solve practical problems. For the above reasons, this paper attempts to connect administrative punishment discretion standard with food safety. Based on the introduction of relevant issues in the field of food safety and the research of the status quo of the field of food administrative penalty, This paper point out the problems in the practice of food safety discretion standard and also put forward suggestions.This paper covers the contents of six aspects. The first chapter is the introduction to the paper, outlines the background and significance of discretion standard system. The second chapter introduces the discretion standard system, Including its concept, nature, theoretical foundation. The third chapter put the food administrative penalty discretion as research subjects, based on the introduction of food safety laws and regulations, this chapter analysis the type of discretion in food safety administrative punishment and the value of the discretion standard in food safety area. The fourth chapter analysis the anomie and problems of food safety discretion standard. Including rule-makers uncertain, lack of flexibility and other seven issues. The fifth chapter is the core of this paper, discussed the solution of existing problems in food safety administrative penalty discretion. To solve the existing problem demand clarifying the main formulators, rule-setting procedures and so on. The sixth chapter is a summary of this paper.The formulation of administrative penalty discretion in the field of food safety should introduce the principle of proportionality, the principle of punishment, and the principle of equality. The main body of the discretion can be determined from the horizontal and vertical two aspects. The process should include listening, disclosure and feedback procedures, and the content of the discretion should be strictly controlled in three aspects: the knowledge source, the technology and the content of the basis.