Optimization Of The Mechanism For Determining The Amount Of Administrative Penalty

Administrative penalty is the administrative punishment mode that is of the most wide usage and the highest applicable frequency with the title of "King of punishment." Administrative penalty has the function of punishment and education,among which the effect of punishment function is most direct.The effective realization of the penalty function depends on the deterrent power of the fine,and the theory of deterrence and legitimacy are the basis of the scientific and reasonable setting of the fine amount.In addition to the authoritative dete'rrent power to the perpetrator of fairness and just of law enforcement itself,it also depends on the appropriate amount of fines to punish,warn and educate the perpetrator.This article starts with the present situation of the administrative fine amount mechanism,takes the determination of the manner of penalty setting as the core,supported by discretion and adjustment mechanisms,this paper expounds the problems in the existing mechanism of determining the amount of administrative penalty,and studies three methods of optimizing the way of setting administrative penalty in academic circles,so as to put forward more scientific,reasonable and effective recommendations of optimization of the amount of administrative penalty determination mechanism.