The Legal Review About“penalizing At The Top Grid”in The Fied Of Administrative Penalties

“Penalizing at the Top Grid” is a special pattern existing in the administrative penalties across the country. The specific performance is that the administrative law enforcement departments do not exercise their discretion in a positive way. The administrative law enforcement departments only penalize the violators according to the administrative politics and the instructions of their supervisors and they deal with all the unlawful activities at the top grid.The administrative departments are bound by the administrative politics and the instructions of their supervisors, which is determined by the supervising and management relationship between the lower and higher levels of the administrative system. At the same time, the forming of the pattern of “Penalizing at the Top Grid” is due to the reality demanding of administrative management and is a selection by the administrative executor under the widespread administrative accountability and assessment system. Furthermore, that the present situation of the social development is far beyond the present laws and rules also makes the administrative enforcement departments penalize the violators at the top gird.The core of the administrative activities conducting by the administrative departments is about exercising the administrative discretion. It demands the doctrine of the substantial rule of law, due process, principle of proportionality and principle of equality. However, the pattern of “Penalizing at the Top Grid” minified the discretion as a matter of fact. It deviates from Justice which is the reason why law entitles the administrative with discretion and constructs the situation of abuse of discretion. Also, it violates the demanding of substantial legality which the administrative penalties should satisfy.To discuss how to regulate the pattern of “Penalizing at the Top Grid”, the first consideration is to bring it into judicial review. In this way, the judicial department can review the illegality existing in the “Penalizing at the Top Grid” according to the different reviewing standards. Or can the hierarchical review system be built to regulate the “Penalizing at the Top Grid” activities. Besides, there is also consideration from the self-government of administrative system. Not only the old-timey efficient attitude needs to be altered, but also the functional position of value-oriented and guiding administrative documents should be defined. What’s more, from the perspective of technologies, the application of law and the operation of administrative discretion can be regulated by combining the promotion of standards of administrative discretion.