Reasonable To Limit The Discretion Of The Administrative Penalty

Administrative penalty is a sort of exemplary or sanctionative system to the citizen s, lawyers or organization s who violates administrative management order but is insufficient to criminal penalty. It is recorded by the a dministrative organ who has the authority of administrative penalty and organization authorised by laws and regulations which have the function of administrating public affairs. It carries out in the extent of legitimate authority and legal enabling. Administrative penalty is an basilic item of state power, which have a high place in the history of administrative powers, it is also closely related to the vital interests of citizen, lawyer and miscellaneous organization. It shows concretely as t he restricting and divesting towards relative person. Qualitative identification and correct penalty are basic demand of administrative penalty. However, at the present time, how to accurately put authority of administrative penalty is still unsettled during the administrative law enforcement, such as how to live up n ot to gran t ing to no loophole in the law and how to penalize the well-earned punishment. The phenomenon of irrelevant penalty and misuse of authority still exist. Even several department optionally penalize fine as a mean of extra earning. One of the important cause s is lacking of corresponding restraining p olitical syste m towards administrative discretion of administration and law-executor. In process of administrative law enforcement administration possesse spatial dimension of discretion when making decision on administrative sanctions. Therefore, abuse of discretion happen occasionally and community response is intense. How to economize administrative discretion effectually and canonically remain as s ocial hot and difficult point problem of social common concern. This paper comparative analysis cases of irrelevant penalty and misuse of authority consisting in the practice of administrative law enforcement and then trace it to its cause, lacking of corresponding restraining p olitical syste m towards administrative discretion to administration and law-executor. The full text discourse the reasonable restrictions of administrative discretion combining with the practice of administrative law enforcement. In terms of the solution to irrelevant penalty and misuse of authority together with accurate application to authority of administrative penalty, we rounded discourse that how to veritably penalize the well-earned punishment. The full text was divided into three parts:First part, we discuss ed basic summarization and e xisten t reasonableness of administrative discretion; Second part, the principles to be followed would be put forward from the improper exercise of the status quo and the reasons, and specific request would be proposed for administrative law enforcement personnel how to properly use the right of discretion. The last part, we put emphasis on the reasonable restrictions of right of discretion, then legislative, executive procedure, internal supervision, a dministrative relie f, legal relief and several other aspects would be intensively anatomized for the reason.