Study On The Exercise Of Civil Aviation Administrative Penalty Discretion

At the beginning of this century,China's civil aviation industry has carried out a radical reform to promote the civil aviation industry into the high-speed development channel.Accordingly,civil aviation administrative authority needs to continuously improve the level of administrative law enforcement to meet the development needs of the industry.But the deepening and expansion of modern administrative power,a large number of semantic ambiguities are expressed in the civil aviation laws,regulations and rules,as well as the complexity in the actual operation of civil aviation industry,discretionary power arises at the historic moment in the civil aviation administrative penalty activities.In the real practice of law enforcement,administrative law enforcement officers of civil aviation often abuse their discretion when imposing civil aviation administrative penalties,which damages the legal rights and interests of civil aviation administrative counterparts.Therefore,it is necessary to standardize the discretion of civil aviation administrative penalty in order to urge administrative law enforcement officers of civil aviation to exercise their discretion correctly in the process of punishment,and improve the administrative system of civil aviation so as to realize the legislative spirit of civil aviation laws and regulations.This paper focuses on the problems existing in the exercise of the discretion of civil aviation administrative penalty,and expounds the characteristics and classification of the discretion of civil aviation administrative penalty based on the definition of the civil aviation administrative penalty discretion.Then through the civil aviation administrative penalty process of the actual situation,this paper studies the problems in the application of civil aviation administrative penalty discretion and the causes of the problems.Finally,this paper puts forward the regulation measures from two aspects:entity regulation and procedure regulation to solve the problems in the exercise of civil aviation administrative penalty discretion.