On the Administrative Punishment’s Right of the Discretion and Legal Regulation of Quality and Technical Supervision
|School||Huazhong University of Science and Technology|
|Keywords||Quality and Technical Supervision Administrative penalty Discretion Legal Regulation|
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 .