A Study On The Exercise Of Discretion In Administrative Penalty And Suggestions For Improvement

In administrative law enforcement,the rational and legal use of discretion by administrative organs can make more effective use of the administrative power of the government and promote the effective allocation and efficiency of social resources.The limitation of the scope of discretion is also a direct way to avoid the anomie of government behavior and supervise the exercise of government power in modern government system.In the strategy of governing the country according to law,administration according to law requires the effective exercise of discretion within the scope permitted by the rule of law.It is necessary to not only guarantee the fair and just use of government power,but also promote the efficient use of government,so as to avoid the waste of public resources.At the same time,it is also necessary to prevent the public power from being misled and out of control by discretion.Firstly,this study attempts to define the connotation,scope and legal basis of discretion in theory from the basic concepts of administrative punishment and discretion,and to define the system basis and legitimacy of discretion in administrative law enforcement.According to the problems in the case,this paper analyzes the problems in the administrative discretion of Wenzhou at present,and analyzes the main reasons for the problems:the administrative legislation needs to be further improved,the administrative law enforcement discretion benchmark needs to be further standardized,and the administrative law enforcement level needs to be further improved.According to the analysis of the corresponding problems and causes,this study puts forward the following suggestions based on the current laws and regulations in China:This paper is divided into six parts,in order to discuss the current problems faced by the local government when exercising the discretion of punishment,the causes and improvement ideas.First of all,the first chapter introduces the background and purpose of this study,mainly expounds the necessity of improving the administrative discretion,and the significance of improving the administrative efficiency of the government and optimizing the reform of the political system;then it summarizes the relevant theories of the administrative discretion based on the research of domestic and foreign literature.In the second chapter,the definition of administrative penalty discretion,related theories are elaborated,and the core concepts discussed in this paper are introduced and distinguished.The principles and processes that administrative penalty discretion needs to follow are elaborated one by one.The third chapter mainly analyzes the actual situation of Wenzhou City in the administrative law enforcement,combined with the questionnaire analysis,summarizes the problems in the exercise of Wenzhou administrative penalty discretion.The fourth chapter analyzes the reasons for the improper exercise of administrative penalty discretion,mainly from the overall guiding ideology,the benchmark of administrative discretion,the quality of law enforcement team to analyze the causes of the problems and contradictions of administrative penalty discretion.The fifth chapter is based on the practical problems of Wenzhou administrative penalty discretion,from the four aspects of reforming the concept of law enforcement team,improving the benchmark of administrative penalty discretion,strengthening the team building,and improving the administrative supervision system.At last,it summarizes this paper,clarifies the research significance and main purpose of this paper,attempts to carry out research from the perspective of more practical cases,and injects ideas and vitality into the construction of local government and legal system and administrative reform,fully reflecting the positive role of rule of law.