The Research On Forestry Administrative Punishment Discretion Standard

Administrative discretion standard is an internal rule. It refers to the administrative organ within the scope of its legitimate authority, following the principles prescribed in administrative laws and regulations, combining with the administrative relative person's illegal facts, circumstances, case nature and harm to the society, etc., refining and quantifying the administrative discretion which was set by the administrative laws and regulations. The introduction of the administrative discretion standard system into forestry administrative punishment, is conducive to further regulate forestry administrative law enforcement,is the way to solve the difference of enforcement scale which was existed in present forestry administrative law enforcement. The introduction of the administrative discretion standard system into forestry administrative punishment has some benefits, which are reducing the phenomenon of misuse of discretion, enhancing the enforcement of forestry administrative justice, improving the quality of law enforcement, and effectively resolving the social conflicts.The publish of local forestry administrative penalty discretion standard is mainly focus on 2009 to 2013. As early as 2009, Jiangxi,Sichuan,Henan, takes the lead in setting a local forestry administrative punishment discretion standard, then Yunnan, Hunan, Chongqing, Shanxi, Hebei, Guizhou, Guangdong, Ningxia, Shandong, Fujian and other places have issued a local standard. Overall, the local forestry administrative penalty discretion standard can be divided into three types:the first is only released forestry administrative punishment discretion benchmark standard; the second is released the applicable rules or implementation measures of the forestry administrative punishment guidance document, at the same time released concrete discretion standard or implementation standards; the third, step one is released a general documents,on the basis of general documents released concrete discretion standard correspond with the forestry laws and regulations. Local forestry administrative punishment discretion standard mainly have two forms:text and tables.Text is easy to use normative language to detailing the discretion standard, while the table is convenience for law enforcement officers to query.There are still many problems to be solved in the practice of local discretion standard. For example, there is exist three levels discretion standard provincial, municipal and county, the body of standard-setting presented a picture of diversified chaotic phenomena.The scope of application is also narrowed,except for a few places,forestry administrative punishment discretion standard is basically apply to administrative penalties,but not covered in other areas where has so many discretion as well as administrative licensing.On the setting technology, because of the partition method of illegal circumstance and punishment range are different, there has a long way to go to reach the consensus.Look from the world, the experience of Germany's discretionary control, France's discretion indication system, the scope of discretion standard in Japan, judicial review for discretion standard in US have a certain significance in the body of standard-setting, the procedure of formulation, the scope of application and the mode of control to development our country's forestry administrative punishment discretion standard.According to our local practice and the experiences of other country, the body of forestry administrative punishment discretion standard-setting should be cleared.The general provisions of discretion standard will be uniformly formulated by the state council administrative department of forestry, and the specific discretion standard will be formulated by the provincial forestry administrations according to local conditions. At the same time, we should improve forestry administrative punishment discretion standard setting technology, improve the professional quality of forestry administrative law enforcement personnel, and strengthen forestry administrative punishment discretion standard supporting the system construction, expand the appropriate scope of discretion standard.