Optimization Of The Benchmarks For Public Security Administrative Penalties

Under the background of modern rule of law and the transformation of administrative discretionary governance,the emergence of benchmark of public security administrative punishment discretion has become a universal administrative law phenomenon and administrative autonomy system innovation.It is undoubtedly necessary to view and analyses this phenomenon rationally.The research content of this paper is divided into three parts.First,clarify and explain some basic issues of the benchmark of public security administrative punishment discretion,starting with its legal definition,nature,necessity of its existence and its effectiveness.Secondly,by using the method of empirical analysis and text analysis,this paper analyzes the current situation of benchmark of public security administrative punishment discretion.This paper illustrates from the three angles of enacting rights assignment,controlling technology and procedure system.The positive results of benchmark of public security administrative punishment discretion are emphasized,while the potential risks are at the same time calmly analyzed.Thirdly,we propose feasible suggestions considering the current operating situation of benchmark of public security administrative punishment discretion.In the aspect of enacting rights assignment,it is proposed to rationally delineate the range of government departments which have enacting rights,and to deviate the overall enacting rights to the substantive departments.In terms of controlling technology,it is suggested to improve the enacting skills starting with the technology of how to detailed the punishment circumstances and how to distinguish the punishment grade.In the aspect of procedure system,it is recommended to clarify the disclosure of the benchmarks,to establish a flexible public participation process,and to establish an escape procedure to prevent unreasonable rigidity.