Regulation And Control Of Fire Administrative Penalty Discretion In China

Reasonable use of discretionary power of fire administrative penalty not only influences the legitimate rights of the fire administrative management and the effectiveness of fire supervision management,but also affects the realization of justice and rule of law.Due to the nature of fire administrative penalty discretion and the varying qualities of law enforcers,during the enforcement of law,discretionary power is often at risk of being abused.Therefore,it is crucial for the standardization of law enforcement to regulate the fire administrative penalty discretion through institutional design,bring into play its initiative function and impose control over the damages it may cause.The paper analyzes the types,patterns,and necessities of the fire administrative penalty based on both theories and practices,and through the introduction of the status quo of fire administrative penalty in China,it digs deeper into the phenomena of the abuse of fire administrative discretion as well as the reason behind it and the damages it may cause,and finally come up with suggestions for control over the discretionary power.The writer advocates for further regulation on the control over fire administrative penalty based on the principles of fairness,proportionality and interest equilibrium,including encouraging public participation,building diversified communication channels,strengthening judicial review and supervision and improving qualities of law enforcers.The goal is to effectively regulate the operation of fire administration penalty discretion from principles to execution.