On The Operational Logic And Control Path Of Administrative Discretionary Discretion

Mr.Fei xiaotong once wrote in "rural China" that "what I want to bring up for discussion is the local grass-roots administration,which is the most closely related layer of ordinary people's life though they pay little attention to it." In this study,"local grass-roots administration" is defined as the grassroots market supervision institute,which constitutes the main body of this paper.The market supervision institute is responsible for regulating the order of market economy,and its most important means of regulating is the discretion of administrative penalty.At the fourth plenary session of the 18 th CPC central committee,general secretary xi jinping stressed comprehensively advancing the rule of law and building a law-based government.The exercise of discretionary power of administrative penalty is an important part of administration according to law.As the most common administrative act of sanction,the discretionary power of administrative penalty of market supervision should be attached importance to.The discretionary power of administrative penalty has its own system logic,but in reality it often operates according to the non-system logic.This paper takes guangzhou A market supervision institute as the entry point,adopts the qualitative research method,and concludes four non-system logics,namely the logic of social network relation,the logic of championship,the logic of legality and the logic of civil society,for the operation of administrative penalty discretion of market supervision.At the same time by means of market regulation,administrative penalty discretion operation logic analysis,combined with the status quo of the present administrative penalty discretion and difficulties,puts forward the internal control of administrative penalty discretion four mechanisms,namely the demonstration mechanism,the moral mechanism,internal decentralized mechanism,evaluation mechanism,to expand the academic theory,promoting market regulators to build the rule of law regulation mode,guide the grass-roots practice law enforcement,improve the image of the government,construction of legal government has important theory value and practical significance.