A Study On The Discretion Of Urban Administrative Punishment

The law enforcement exerted by the city management shows that the existence and enforcement of administrative penalty discretion not only adapt to the rapid development of the society, but also strengthen the fairness and flexibility of the city management. In recent years, however, negative events caused by officials working for the city management, such as, the abuse of administrative penalty discretion to seek for personal interests, have brought severe influence on the image and authority of the government.The thesis, pivoting on the exercise of administrative penalty discretion in city management, contains four parts. The first part mainly focuses on the interpretation of administrative penalty discretion in city management, including elaboration of relevant concepts, as well as the analysis of the aforesaid discretion’s legitimacy. The second part lists the major problems in the exercise of administrative penalty discretion in city management, including irrelevant consideration, breach of the administrative proportion principle, etc. In addition, this part also elaborates on the consequence of improper exercise of administrative penalty discretion in city management. The third part analyzes the main causes of the problems in the exercise of administrative penalty discretion in city management, including biased law enforcement philosophy, excessive discretion, law enforcement personnel with uneven quality, etc. The last part of the thesis, from the respects of penalty idea, basic principle, discretion standard, case guiding, supervision and restriction and so on proposes suggestions on improving the exercise of administrative penalty discretion. The thesis proposes that regulating the exercise of administrative penalty discretion of law enforcement personnel in city management, which enables them to play a positive role in administrative affairs, can better realize social management target and create a stable social environment for the rule of law.