Study On Problems In The Discretion Of Forestry Administrative Punishment

As a kind of administrative penalty, forestry administrative punishment remains irreplaceable effective in forest resource protection, punishing forestry violations, standardizing the forestry enforcement, and promoting law-based administration. So many laws and regulations, confer the power of administrative punishment to forestry administrative organs, also a wide range of discretion, such as Forest Law of the People’s Republic of China, Law of the People’s Republic of China on the Protection of Wildlife, Forest Fire Prevention Ordinance, and so on. At present, a number of problems have arisen in the exercise of forestry administrative discretion, like deficiency in legislative control, unfairness and irrational decision-making in administrative punishment, unclear authorization and wrongful process, because of the backwardness of legislative quality, defects in work mechanism, absence of supervisory mechanism and low staff quality. Therefore, this thesis analyses that discretion in china’s forestry administrative punishment can be scandalized and improved in four aspects. First, improving the legal system by accelerating the legislative process to give effective legal control over discretion. Second, keeping strictly to the due process in the execution of discretion. Third, establishing and implementing the institution of judicial review of administrative action. And last, improving staff quality by strengthening the building.