Research On The Legal Regulation Of The Discretion Of Administrative Penalty

Discretion is widely existed in the administrative punishment. It is essential for the realization of the functions of government departments, improve efficiency and achieve the purpose of administration.But the exercise of any power must have relevant legal system to restrain, if not it will be abused and become a corrupt tool and a profit-making method. Therefore,the legally binding of the discretion of administrative penalty is worth researching. Exclude the foreword, I will show you four parts to elaborate the regulating the discretion of administrative punishment.Firstly, the overview of the discretion of administrative punishments is coming; The second part is to analyze the current operation situation of the discretion of administrative penalty in China;The third part is the investigation of foreign related theories of legally binding of the discretion of administrative penalty; The last part is the way to improve the legally binding of the discretion of administrative punishment.Put it in detail, in this article, beginning with the correlation theory, and then analyzes the existence basis and rationality of the discretion of administrative penalty.The next, I will analyze the status quo of our state through the case, find the problem within working of the discretion of administrative penalty in our country and analyze the reasons.Thirdly, I will describe briefly the correlation theory in the main representative countries of two legal system. The last, I will show my proposal for legally binding of the discretion of administrative penalty in China.