Dissertation > Political, legal > Legal > Chinese law > Administrative law

On the Administrative Punishment’s Right of the Discretion and Legal Regulation of Quality and Technical Supervision

Author SunJing
Tutor CaoHaiJing
School Huazhong University of Science and Technology
Course Legal
Keywords Quality and Technical Supervision Administrative penalty Discretion Legal Regulation
CLC D922.1
Type Master's thesis
Year 2011
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In the field of administrative law , administrative penalty discretion for a long time , put on the agenda , under the guidance of the scientific concept of development , the establishment of a service-oriented government , the administrative department of law enforcement work carried out situation directly related to the construction of service-oriented government , the discretion of the administrative penalty specification exercise has important legal research value . Quality and technical supervision of administrative punishment , the exercise of discretion , administrative relative person is huge , and continue to accumulate in the quality and technical supervision of administrative punishment penalty of experience , combined with a variety of techniques for qualitative and quantitative control , abuse of power and improper exercise of the phenomenon of uniform standards of practice proven to strengthen the practice of fair and equitable , and more effectively curb the discretion of quality and technical supervision of administrative punishment . To guide new topic of administrative law, and even the entire jurisprudence of quality supervision system of administrative penalties discretion with the state administrative organs , especially the quality and technical supervision departments functions , continuous improvement and perfection , the administrative penalty discretion the scope and procedures are constantly changing . Especially the practice of quality and technical supervision cases when there are a lot of illegal and unreasonable phenomenon , relative to the Chief the improper punishment phenomena causing major losses to show that the exercise of the discretion of the administrative penalty , waste of social resources , it also undermines the image of the work of the government departments , must be resolved. Quality and technical supervision departments as an important component of one of the departments of the government , the administrative penalty is one of the most commonly used means of enforcement of the quality supervision department , the discretionary powers involving a wider range than the general administrative departments punishment more flexible , resulting in the social consequences are often more apparent , but in connection with the corresponding regulatory mechanisms and constraints means serious deficiencies , lack of unified punishment standard and the discretionary benchmark , the punishment standard positioning and nature still relatively vague , standardize the quality and technical supervision system administrative penalty discretion develop restraint mechanism has important social significance .

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