The Reflection Of The Administrative Penalty Discretion Benchmark System

Administrative discretion benchmark is accompanied by administrative discretion, it is to the exercise of discretion. Administrative discretion, and to improve administrative transparency and increase the administrative counterpart predictability plays a great role. Theories of administrative discretion, to start from the general theory introduced administrative penalties discretionary benchmark, conducted in-depth discussion on the concept, the principles of the administrative penalty discretion benchmarks, qualitative benchmarks administrative discretion as an internal administrative rules, be specific interpretation of an administrative discretion exercised within the scope of legal norms, but also a means to control of administrative discretion to limit a technology. Administrative discretion benchmark of theoretical basis of its existence, the legal basis and foundation in reality, the legitimacy of the reason. I think it not only has an internal effect, and also has an external effect. Standardize administrative discretion, and to improve administrative transparency and increase the administrative counterpart predictability plays a great role. But in practice, the discretion of the benchmark system has achieved very significant results, but the defect can not be ignored, by proposing to establish an open system, to participate in the system, information feedback system, filing system, a series of institutional recommendations, which the administrative discretion of the benchmark system to be improved to make the system more rational and effective adjustment and guidance of practical activities.