The Discretion Abuse And Control Of Quality And Technical Supervision Of Administrative Penalty

In the process of quality and technical supervision and law enforcement, The use of administrative penalty discretion is the norm, But due to the existing management system, legal norms and control mechanism is not sound, lead to there are some problems in its operation. The article main content will be around the areas of quality and technical supervision administrative punishment, abuse of discretion of the general theory of manifestation and the cause of the harm, abuse and control countermeasures.The first part of the article, respectively, in the form of the introduction summarizes the selected topic background and research significance, On the basis of the research status at home and abroad and referring to put forward its own research method and train of thought, And put forward their of quality and technical supervision and administrative penalty discretion abuse stem method.The second part combined with general theory of administrative to define the basic connotation and development trend of the quality and technical supervision and administrative penalty discretion, And summarizes the direction in the quality and technical supervision and law enforcement practice of the use of the characteristics and control of power.With cause and effect analysis, the third part analysis from the perspective of forms and consequences of quality and technical supervision and administrative penalty overall state of the abuse of discretion. In this section, we use the knowledge of Administrative law, laws and regulations, the practice of law enforcement in the area of quality and technical supervision, which can make an in-depth analysis of these phenomena, using enforcement in beyond the scope of authorization, law enforcement, abusing and giving up law enforcement, delaying to perform the duties of administrative, making harm to relative person, the administrative subject and the social effects.The forth part is the analysis of cause of the abuse of discretion. First of all, from the main body historical evolution and uneven level of law enforcement practice analyses the reasons of the main body’s law enforcement. Secondly, we make discussions in the area of imperfect legal system and the lack of reasonable administrative penalty discretion benchmark. Finally, by the perspective of process supervision we sum up the problems in quality and technical supervision of administrative penalty discretion, which exist on the control of beforehand supervision vacancy, weak supervision in the process, afterwards supervision not in time.The fifth part is the elaboration of quality and technical supervision and control countermeasures of the abuse of administrative penalty discretion, Which is the focus of the full text content. This part from three sides facing people, system and mechanism of quality and technical supervision and administrative penalty discretion system consummation has carried on the three-dimensional building.