A Study On The Judgment Power In Tobacco Monopolization Administration Sanction

Judgment power in Tobacco administrative is a kind of choice power which isexercised by the administrative department of tobacco in tobacco administrativeenforcement. Compared with the general administrative enforcement powers, tobaccoadministrative discretion autonomous, tobacco administrative law enforcementdepartments in the range authorized by the laws and regulations on the content of theadministrative act to make a choice, tobacco administrative discretion but also hasethical, This determines the existence of administrative discretion risks of tobaccoabuse. Presence of tobacco administrative discretion has important significance,mainly reflected in: Tobacco administrative discretion will help improve theefficiency of administrative enforcement of tobacco, is conducive to the achievementof justice in individual cases, help to achieve justice in individual cases. T obaccoadministrative discretion, in practice there are many manifestations, including acts ofnature, illegal plot finds the magnitude of penalty or punishment as well as the kind ofdiscretion in the application of punishment procedures. In the law enforcementpractice, the exercise of administrative discretion tobacco following major issues:improper exercise of discretion enforcement body dislocation; administrative sanctionis obviously unfair; abuse on punishment; discretion administrative enforcementprocedures tobacco abuse. Causes of t hese problems are: the existence of loopholesand discretionary basis according to the rules of law; tobacco law enforcementpersonnel quality needs to be improved; lack of procedural justice enforcementprocess concept; not established effective enforceme nt performance evaluationmechanism; no authority to establish a good run oversight mechanisms. For thecurrent issue of tobacco in the exercise of administrative discretion exist in theprocess, should be improved from the following aspects: First, a sou nd administrativediscretion tobacco legislation; Secondly, insist the principle of due process inadministrative law enforcement work in tobacco; improve tobacco executiveDiscretion enforcement mechanisms; improve tobacco administrative discretion toexercise supervision and control mechanisms.