On The Internal Control Of Administrative Penalty Discretion

The free judgment for administrative punishment, as an important part of modern administration management, is widely used in the process of administrative cases handled by different levels of administrative organizations. It is an indispensible way to fulfill laws by government, maintain social orders and complete ruling plans and gives much larger right space to administrative organization when playing a role. Thus, it is possible for the executive power to be overused and seek private interests for purpose of damaging the opposite party’s legal rights. Therefore, it is an urgent problem to be solved in front of us that how to limit to the free judgment for administrative punishment, define the power boundary and restrict effectively rights in a scientific and reasonable way. The thought of solving problems is only to protect weak parties that the interests of administrative opposite party in the previous study of legal theory, while the exterior limitation is made unilaterally to administrative organizations. It is concerned by academics that how to restrict the free judgment for administrative punishment in legislative level and limit it in judicial level. However, the outer control mechanism has its limitation. It is not comprehensive to discuss free judgment for administrative punishment just from the external angle. The external control plays a part in guiding and offsetting after happened while it has no effect on real-time control. Firstly, the limitation of ways to restrict discretionary power in administrative penalty from legislative level and judicial level is stated simply in this text. Secondly, the advantage in internal control used to discretionary power in administrative penalty and feasibility of establishing systems can be reflected and discussed. The way of proper internal regulation not only can improves the efficiency of operating administrative power and guarantee expanding reasonably the performing activity, but also can optimize the mechanism efficiency of administrative penalty. There has nothing but to combine external control with internal control, the rationality of applying free judgment for administrative punishment can be guaranteed to ease the possibility of legal interests for opposite party infringed with administrative penalty.How to achieve internal control of free judgment for administrative punishment is discussed seriously in this text. Firstly, the basic standard of free judgment for administrative punishment should be explicit to regulate rationally it. Secondly, the administrative penalties "precedent" system shall be established step by step and the trial of that later shall be guided through summarizing previous precedent of administrative cases. The rational usage of free judgment for administrative punishment can be guaranteed further when performing administrative penalty functions. Systems are built gradually including report inspection system,register system, appraisal system, self-correction system and internal accountability system, in order to establish fully internal control system of free judgment for administrative punishment. The free judgment for administrative punishment can be guaranteed using fully and suffering proper restrictions. It can ensure its flexibility and agility and also avoid it is abused limitlessly, so as to come into its play fairly.