Regulation Of The Discretionary Power On Administrative Penalties For Transportation

Administrative Discretion is an important part of the executive power, andnow is an important component of the legal community. With the rapiddevelopment of modern society, the social affairs of the government departmentsmanagement increasingly become more complex and multilateral. In order tostrengthen its own requirements to ensure the vitality and efficiency of theexercise of its powers in the process of management of social affairs, properlydiscretion seems to have the need to be expanded . The existence of discretionalso increased the risk of being abused and therefore should be the necessarysupervision or restrictions, so as to safeguard the legitimate rights and interests ofthe administrative people, so that society tends to be a fair state.The discretion of the benchmark system is not only an useful approach forregulatory sanctions and acts as an effective exercise of discretion by thespecification is to promote law enforcement standardization of major construction,but also could greatly enhance a clean and fair level of law enforcement, helpingthe government departments to establish the baseline of the department discretionsystem trends and imperative measures. The Department of Transportation of JilinProvince developed the administrative discretion, but the system of administrative penalties has some drawbacks to the province in the process of enforcementdiscretion to exercise for province specific and operational benchmarks.The studyof this paper aims to contribute to better maintain administrative counterpartlegitimate rights, social development and build a harmonious social environment.