Administrative Penalty Discretion Benchmark System Research

Under the process of "The Rule of Law", regulating power and preventing from abusing administrative power has become the center of it. By the speed of the national welfare society, administrative discretion has arisen, promoting the flexible and optional punishment. Making the benchmark of administrative discretion is to find the balance between the law and power. This embodies the require of the legal administration, to ensure the implementation of the law.The purpose of the text is to solve the problems of administrative penalty discretion, Making the benchmark of administrative discretion.Follow and plot the law,some places have made the norm,however,the framer is not unified. At present, the central government is trying to furl the power of making the benchmark for the provincial government, and do a lot of work, this topic echo the practical needs of administrative penalty.The focus of this text is the necessity and the way of establishing administrative penalty discretion in our country. It includes five parts, the first part is the base of the benchmark of administrative penalty discretion; The second part is the legitimacy feasibility of the benchmark; The third part is the administrative penalty discretion of extraterritorial benchmark legislation inspection; The fourth part is the quo and existing problems of our administrative penalty discretion benchmark; The fifth part is the perfection of our administrative penalty discretion benchmark content.