The Study Of Water Administrative Penalty Discretion Standard

It has become, after the issuing of the《Outline for Promoting Law-based Administration in an All-around way》by the State Council in 2004, important components of the standardization of administrative execution to standardize the discretion of administrative execution and, establish and implement the administrative penalty discretion standard. This is also a key mission that has been identified in the country government administration meetings as well as a critical task to further define the administrative execution responsibility and duty in accordance with law. Discretion standards guiding the execution has been a highlight in China's administrative execution practice.Though entitled to the legality based on the China Constitution from the subject, procedure and content's perspectives, there are many conflicts behind to have the administration branches to set up the discretion standard for the administrative execution. Based on the concept and nature of the administrative discretion standard, this paper discusses its vital theoretical basis, analyzes the major issues emerged in the reformation on the current Water administrative discretion of penalty and investigates its set up from function, control technique as well as legal properties'perspectives. Meanwhile this paper also covers and verifies the operation model of the rational Water administrative penalty discretion from the following aspects: subject of the standard-setting, the knowledge resources, process and applicable procedure.