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Research On The Consideration Factors Of Administrative Fines

Posted on:2019-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ChenFull Text:PDF
GTID:2416330545496712Subject:legal
Abstract/Summary:PDF Full Text Request
Administrative fines are one of the most widely used administrative punishments with purpose,administrative,and legal punishments.In the current practice,problems have arisen such as the setting of fines,the unreasonable amount of fines,and the abuse of administrative penalties.Establishing a relatively uniform and scientific standard requires a clear consideration of the factors of fines,including all factors that have a significant influence on the investigation,and on this basis,make a clear standard to reduce the abuse of administrative power and impose a fine.The amount of scientific science.The considerations of administrative fines refer to the factors that are considered in determining the dynamics of the fine.There are few considerations in the current administrative laws and regulations with explicit regulations.Most of them appear in documents with low effectiveness,such as discretionary regulations issued by some local government departments,and only a few factors are considered in the document.No system was formed.This article innovatively puts forward the considerations of the systemic administrative fines,the degree of responsibilities that should be punished in the determination of the administrative law,the impact on the conduct,the benefits obtained by violating the regulations,and the economy of the punished person.Factors such as affordability and post-infraction factors are included in the analysis,and their judgments and applications are analyzed.Through the consideration of administrative fines,the circumstances are divided into legal circumstances and discretionary circumstances,and then the legal circumstances are divided into a number of discretionary divisions,and the discretionary standards for each division are pre-set to achieve the discretion of administrative fines.However,to achieve a balance between administrative fines and discretion,it is also necessary to presuppose a limited range of circumstances for judgment and to consider the principle of prohibition against plots.
Keywords/Search Tags:administrative fines, considerations, legal circumstances, discretionary circumstances, discretionary standards
PDF Full Text Request
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