Research On The Establishment Of Administrative Penalty Discretion Standard

Since the reform and opening up to the outside world, Administrative Law Enforcement Affairs is increasing and the abuse of administrative power has become a growing phenomenon. The abuse of administrative power, to a large extent, is in that the administrative discretionary power has not been effective regulation.so how to regulate the administrative discretion in the exercise has become the key to solve the problems in the abuse of administrative right. At this background, the discretion standard is born as a technical way to control the administrative power and try to distinguish different layers to make the discretion which is given to the administrative organ by law clear so that government can exercise their discretion in the administrative law enforcement according to the layers which is already made in advance.the rise of discretion standard is not only regulating the exercise of administrative power,but also improving the administrative efficiency and it will have a profound influence on the administrative legal system.However,several problems appear in making the administrative penalty discretion standard which is the most related to the right of the administrative relative person.For example whether distinguished layers which is already made limit the administrative discretion,even cancell the administrative discretion which is not the purpose and principle of the administrative legal system.This is a very contradictory subject.on one hand,the administrative organ must have discretion and the discretion can not be stripped and cancelled.on the other hand,too much limit of discretion will make the discretion cancelled.so how to balance is a problem which the discretion has to be faced with.All these problems restrict the further development of discretion and must be clarified.This article,firstly,overviews the discretion standard and the administrative penalty discretion standard in detail and anlyzes the related concepts and introduces the related theory and discusses the nature and siginificance of penalty standard.On this base,this paper takes the chongqing municipal public security authority discretion standard as an example to summarize the problems in making discretion standard in practice in chongqing and discusses on the core issue of controversy.trying to confront discretion standard in practice has made significant effect under the premise of looking for it in today's development path and direction of social transition.The first part introduces the backgound of the reseach of discretion standard,including the signficance of making discretion standard in theory and practice and briefly expounds the research way and goal and innovation points of this paper.The second part elaborates the concepts of discretion standard and administrative penalty discretion standard.By means of the existing research material of other academic achievements,the concept of discretion standard is analyzed theoretically and on this base,it defines the administrative penalty discretion standard and points out the signifinicance of making administrative penalty discretion standard.The third part summarizes the problems existing in making the administrative penalty discretion standard.First of all,it sorts out the typical mode from the current running practice of discretion standard.Then it summarizes the common problems inpractice.The fourth part puts forward the concrete countermeasures in making the administrative penalty discretion standard according to the problems.These countermeasures are through formulation to implementation of administrative penalty discretion standard and have very strong operational and targeted.This paper is based on the existing study of related literature and works of discretion standard and from the reality of the discretion standard running,deeply analyzes the theory and practice of discretion standard in using literature research,practical research,deductive reasoning,inductive reasoning,comprehensive analysis and other research methods.I hope that it can provide the beneficial reference for the actual operation and promotion of discretion standard in China.