Research On Discretion Standard Of Administrative Penalty For Road Traffic And Transportation In Guangdong

With the rapid development of society,administrative organs have been given more and more discretion.Although administrative discretion strengthens the initiative of administration and avoids the rigidity of administrative law enforcement,it also brings the risk that it will be arbitrarily abused and damage the legitimate rights and interests of the administrative counterpart.Especially in the field of road traffic administrative punishment,the discretion of public security traffic management department is quite large,if we do not take measures to restrict it,it will cause serious consequences.In this context,many scholars have proposed that the standard of discretion should be established to regulate the exercise of administrative discretion.In practice,some government departments have taken such measures.Therefore,it is worth discussing how to prevent the overflow of power and realize case justice by perfecting the discretion benchmark of administrative penalties for road traffic and transportation.First of all,this paper briefly states the background,purpose and significance of writing,and explains the content,structure and method of the study.Then,it summarizes the relevant research results of domestic and foreign scholars through the form of literature review.Secondly,this paper clarifies the concept and nature of discretion benchmark,and explains its internal construction and legitimacy.Then,this paper combines the establishment of administrative penalty discretion benchmark of road traffic in Guangdong Province and relevant administrative law enforcement cases,and analyses the improvement it needs.On the basis of the above research,the suggestions for further improving the administrative penalty discretion benchmark of road transportation in Guangdong Province are put forward.