Discuss About The Internal Regulation Of Administrative Penality Discretion

According to the law,the administration is the need to build a legal government and build a harmonious society.The exercise of administrative penalty discretion is the core content of the administration in accordance with the law.The laws and regulations give law enforcement agencies a lot of discretion in administrative punishments.The exercise of such rights,improve the efficiency of law enforcement,improve the law enforcement environment,convenient for law enforcement,but also led to a "free" improper discretion,appeared different degree tarnishing the image of the law enforcement law enforcement personnel of corruption,prejudice the legitimate interests of the administrative relative person,as well as the threat to social harmony and stability problems.How to effective control of administrative penalty discretion improper exercise,not only meaningful,but also administrative law and law enforcement agencies to research and solve the important topic.In the current dominant external control,this paper based on the law enforcement practice,emphatically from the perspective of internal control,is divided into five chapters to analyze the internal administrative penalty discretion is control mode.The first chapter begins with the introduction.To research the background and significance,ideas and methods,the research status at home and abroad and relevant concepts and characteristics as a starting point,expatiates the realistic guidance,this topic research the importance and necessity.Chapter ii gives an overview of the internal control of administrative penalty discretion.Based on the theory of internal control,this paper expounds the management of administrative control theory and the theory of administrative supervision,and through external control of the characteristics of the judicial and legislative control analysis,comparison of internal control in onset,professionalism,synchronicity and irreplaceability and other characteristics,as well as the difficulty in the analysis of the internal control and the power,indicates that the internal control for the legitimate exercise of administrative penalty discretion,with theoretical support and practical basis and power source.Chapter 3 is the case study.In baoshan district market supervision and administration of the exercise of administrative penalty discretion as the prototype,the present situation and the existing problems are summarized the bureau since the establishment of administrative punishment power list,legal basis,standard discretion to exercise the main methods,select the agency administrative penalty discretion standard before and after the implementation of internal control of the typical case of discretion,comparative analysis,in order to objectively summarize administrative penalty discretion improper exercise of the expression form and existing problem,harm and cause,to avoid the improper exercise of administrative penalty discretion,for implementing internal control problem,suit the remedy to the case.Chapter iv Suggestions for countermeasures.In a previous chapter expounds and delve into,in order to strengthen and standardize the legitimate exercise of administrative penalty discretion,based on the perspective of internal control,from the different aspects of internal control,and puts forward some targeted and innovative from the entity of quantitative discretion benchmark,perfect the rules of discretion from the program,the discretion from the power decentralization,establish discretion from the model demonstration effect,improve the discretion from the supervision supervision,build discretion from the system of automatic control system,from the ethical moral mechanism of internalization discretion seven internal control mode,including comprehensive specific and effective control of the administrative penalty discretion improper exercise.Chapter five is the concluding sentence.Through reviewed in this paper,the author expect to be able to cause administrative law and administrative organs to pay more attention to the internal control of administrative penalty discretion to issue,fair and reasonable to expect to promote the market supervision and regulation department,fair and efficient law enforcement,to expect to test demonstrated choose back to practice.