Study On Administrative Penalty Discretionary Benchmark Of Agricultural GMO Safety Management

Discretionary benchmarking systems have been widely applied in all areas of administrative law.And it plays a better role in regulating administrative discretion.Of course,with the deepening of practice,new questions and tests have been proposed for the discretionary benchmark system.Reviewing the theoretical research on discretionary benchmarks,most of them are discussed from a holistic perspective.Either think that a discretionary benchmark system should be developed and implemented,or that the discretionary benchmark system should be challenged.But specific to a certain field,For example,from the perspective of law and economics,is it necessary to make considerations for the formulation of costs and benefits?Questions such as who should be formulated will reappear and need to be reconsidered in a specific area.The new revision of the regulations on the safety management of agricultural genetically modified organisms has led to the following legal issues.Many provinces and municipalities have imposed penalties on the pre-amendment regulations for the safety management of agricultural genetically modified organisms,A benchmark for administrative penalties was established.For provinces and cities that have not been established before,it is necessary to establish a discretionary benchmark based on the penalties in the new revised regulations.But is it necessary to make it? Due to the strong scientific professionalism of genetically modified organisms,what kind of development model should be adopted in order to make the discretionary benchmark in this field scientific and reasonable? Who made it?How to solve the punishment dilemma brought about by the uncertainty of genetic engineering science in technical construction? The following four parts discuss the topic of administrative punitive discriminant benchmarks for agricultural GMO safety management:The first part: An overview of the discretionary benchmarks for administrative punishment of agricultural genetically modified organisms.Combine theoretical understanding with definitions in actual legislation to further clarify relevant concepts.Secondly,from the perspective of norms and construction discretion,it explains the significance of implementing discretionary benchmarks in the safety management of agricultural genetically modified organisms.The second part: Summarize the status of legislation and enforcement of agricultural genetically modified organisms safety management.Clarify the significance of implementing discretionary benchmarks in this area.It should be more important to choose the main body,formulate the model and so on.The third part: The construction of the administrative penalty penalties for the safety management of agricultural genetically modified organisms.The technical construction of the discretionary benchmark depends on the internal structure of administrative discretion.It is also subject to the restrictions of the principle of legal reservation,the principle of proportionality and the principle of proportionality.The fourth part: The technical construction of the administrative punitive discretionary benchmark for agricultural genetically modified safety management.Trying to explore and solve,how to resolve the penalties caused by the uncertainty of genetically modified science in the technical structure.