Research On The Problem Of Mitigating The Discretionary Benchmark In Administrative Law

The "Outline for the Construction of the Rule of Law Government(2015-2020)" issued by the Central Committee of the Communist Party of China and the State Council clearly states: "Improve the administrative law enforcement procedures.Establish and improve the benchmark system for administrative discretion,refine and quantify administrative discretion standards,and standardize the scope and types of discretion.As a result,it can be seen that the reasonable control of the discretionary power of administrative punishment and the establishment of a sound administrative discretion benchmark system are inevitable requirements for realizing the rule of law and administration according to law.At present,the research on the discretionary benchmark mainly focuses on the overall macroscopicity of administrative punishment.The research on the mitigation of discretionary benchmarks is mainly concentrated in the field of criminal law.There is still a blank in the research on the construction of administrative mitigation discretionary benchmarks.In the era of ruling the country according to law,there are more and more cases of mitigating punishment in the practice of administrative law enforcement.Due to the lack of accurate cognition and system construction for the concept,nature and discretion of mitigating punishment,it is difficult to achieve legal and proper,fair and just administrative law enforcement practice.Based on this,this paper takes the administrative law as the perspective,and studies the issue of mitigating the discretionary discretion benchmark,which has certain theoretical and practical significance.The article is based on the discretionary benchmark knowledge system.On the basis of clarifying its nature,it analyzes the legitimacy and necessity of constructing its discretionary benchmark,comprehensively grasps the consideration factors for constructing the discretionary benchmark,and draws the discretionary discretionary benchmark from both internal and external perspectives.The system is systematically and standardized,so as to open up new ideas for the study of the system.The specific argumentation process is as follows:The first part explores the essential attributes of the mitigating discretionary benchmark.In order to explore the connotation of the mitigating discretionary benchmark,based on thecomparison between criminal law and administrative law,a relatively thorough understanding of administrative mitigation punishment is carried out.At the same time,starting from the path of the discretionary benchmark system,the essential attributes of the discretionary benchmark are summarized,and the nature of the administrative discretion benchmark is more comprehensively analyzed.The second part analyzes the knowledge system of discretionary benchmarks.Firstly,it discusses the legitimacy of the discretionary benchmark through two aspects: the legitimacy of the source of power and the validity of the logic of control.Secondly,it systematically summarizes the necessity of constructing the discretionary benchmark from the perspective of theoretical development and reality.Finally,the administrative organ and The administrative counterpart is the object,and the internal and external effects of the discretionary benchmark are reasonably defined,so as to achieve a more accurate grasp of the system.The third part is to comprehensively control the consideration factors in the process of constructing the mitigation penalty.Based on the construction process of mitigating discretionary benchmarks,and considering the internal factors such as principles,constituent elements,technical construction methods,and uncertain legal concepts within the discretionary benchmark,the impact on cross-regional magnitude,law enforcement,and law enforcement environment,Factors such as the establishment of the case response mechanism were analyzed to achieve a comprehensive understanding of the discretionary considerations.The fourth part is to construct a content system that reduces the discretionary discretion benchmark from internal factors.Focusing on the construction techniques for mitigating the discretionary discretionary benchmarks,through the use of both the plot refinement and the effect grid,the statutory mitigation plots and the discretionary mitigation of the plot,the reduction of the magnitude and the mitigation of the particularity of the discretion are analyzed.The effect discretion is concretely constructed to realize the complete construction of the discretionary benchmark content system.The fifth part is to construct an external safeguard procedure for mitigating discretionary benchmarks.By clarifying its authority to establish,explain the reasoning system,the collective discussion system,the public consultation system,and publicize the public system,and expand the public participation channels and supervision channels in the process of constructing the discretionary benchmarks,so as to realize the scientific nature of thediscretionary benchmarks by using peripheral technologies such as procedures.And legitimacy.