Study On The Standardization Of Administrative Penalty Discretion

In administrative practice,discretion inevitably runs through the process of administrative law enforcement.The combination of discretion and power,because of its own natural defects,is easy to be abused,as long as there is administrative power.Then discretion cannot be annihilated.And with the expansion of the virtual space of people's life and numerous interest temptations,the means and contents of people's administrative violations are diversified.At the same time,the boundary of the administrative punishment power expands outwards,how to make the administrative punishment power exercise reasonably.And the appropriate use of discretion,become a hot topic.Everything has two contradictory attributes.Administrative penalty discretion is no exception,we need to firmly control the discretion in a reasonable "fence."On the control of administrative penalty discretion,Davis argues that administrative control to build discretion and monitor discretion as the core,the method of constructing discretion mainly through planning policies,rules and facts etc,to form a structure of discretion,monitor the discretion is refers to the judicial and administrative control.Stewart is trying to on the need of people,administrative complexity and complex factors such as social changes,test out the expert knowledge model,interest on behalf of the model and the conveyor belt,in the process of system operation more biased toward one direction.China's technical methods are from the means,the purpose and the cutting process and so on,to achieve the control of the punishment.In these known control means to take into account the local adaptability,the pursuit of "foreign goods",not necessarily to be the specification of the administrative penalty on the exercise of discretion,must be in the more concrete practice of China really scenario,pursuit of foreign control technology,and the specific case of the domestic and the combination of the theory to contrast,and improve the technology,make reasonable discretion to specification.