Research On Regulation And Control Of Inspection And Quarantine Administrative Penalty Discretion

Administrative Discretion is an important characteristic of modern administration and one of the important research topics, which has become an important integral part of the executive power. In order to adapt to the modern administrative requirements and improve administrative efficiency, administrative discretion must be expanded. Correct use of administrative discretion can improve administrative efficiency, but its flexibility determines it’s easy to be abused. When administrative penalty discretion was abused, it will prejudice the legitimate interests of administrative relative person and lead to administrative corruption breeding. We are in the social and economic transformation currently, so the existence and expansion of administrative penalty discretion is an inevitable requirement of modern administration which provided a broad space for administrative penalty discretion. However, it also increases the difficulty to regulated and rational use of administrative discretion.Therefore, how to perform administrative penalty discretion regularly and legitimately has been a realistic topic.Inspection and quarantine agencies which is vertical managed by the State Department is one of the important administrative departments, and it’s also one of the important foreign law enforcement agencies of local ports. However, there is some phenomenon regarding non-standard performance of administrative penalty discretion in the administrative law enforcement of inspection and quarantine, so we need to regulate and control the administrative penalty discretion ot-inspection and quarantine. The administrative penalty discretion of inspection and quarantine relates to national security, the vital interests of our masses and stable of social order directly, so standard exercise of inspection and quarantine administrative penalty discretion is an important measure to build an honest government and accelerate social development. Based on the theoretical study of inspection and quarantine administrative penalty discretion and combined with my working practice of inspection and quarantine, this paper collected related cases to explore the commonalities and personality problems in routine inspection and quarantine work by using the methods of case study, investigation and documents research. From such analysis, this paper found the reason of non-standard exercise of inspection and quarantine administrative penalty discretion, and then had touched and gave some advices about how to regulate and control the the administrative penalty discretion of inspection and quarantine.