On The Administrative Punishment's Right Of The Discretion And Legal Regulation Of Quality And Technical Supervision

In the field of administrative law, it has been for a long time about studies on the discretion of administrative penalty. Guided by the scientific concept of development, building a service-oriented government is proposed to the agenda. The condition of administrative department's law enforcement concerns the structure of a service-oriented government directly, and hence it has an important legal research value on the normative exercise of the discretion of administrative penalty. In the course of quality and technical supervision, once exercising the administrative penalty, there are lots of conditions of exercising the right of discretion, which also has great impact on the administrative counterpart. By accumulating experiences of penalty continually in the process of quality and technical supervision, combining various technologies to do qualitative and quantitative control, exploring one unified effective standard of practice, and strengthen fair and just practice, it can be much more effectively to check the phenomenon of the discretion's abuse and inappropriate exercise during the course of administrative penalty of quality and technical supervision. With the improvement and perfection of quality and technical supervision department's functions, the domain and procedure of discretion are changing gradually, so it becomes a brand new subject in the whole area of law to guide the discretion of quality supervision system correctly.Particularly, the cases of quality supervision in our country at present indicate that, in the process of exercising the right of discretion there are many illegal and inappropriate phenomena urgently to be solved, which often bring heavey loss to the administrative counterpart, vastly waste social resources and damage the image of government department. Besides, as one of the most frequently used means in the course of quality supervision's enforcement, the discretion of administrative penalty relates to much more area than the general executive branch's, and its punishment is more flexible, which accordingly bring more obvious social results. However, with the corresponding normative mechanism and means of constraint lacking seriously, there is not uniform criterion of punishment and discretionary basis, and it's very hard to locate its nature as well. Consequently, it has the important social significance to normalize the discretion of quality and technical supervision system's administrative penalty and formulate related mechanism of constraint.