Study On The Implementation Of The Discretion Of Tobacco Administrative Penalty

In the field of tobacco monopoly.Illegal cases usually have complex circumstances and changeable process.Although the administrative penalty has the regulations in the system,it still needs to make reasonable adjustment and control on the final penalty result in combination with the specific cases and individual characteristics.In administrative penalty,the exercise of discretion is particularly important in the field of tobacco monopoly administration.The rationality and inevitability of its existence also reflects the characteristics of the market in the field of tobacco monopoly in China.In recent years,the abuse of discretion in the field of tobacco monopoly has occurred repeatedly,which not only leads to the fairness and rationality of the administrative penalty,but also causes the public to question it,and also leads to the fact that discretion can not regulate the existing violations in the field of tobacco monopoly.There is a big difference between the discretion in the field of tobacco administrative penalty and other types of discretion.The main reason is that the tobacco administrative penalty is formulated by the tobacco monopoly administration and implemented in practice.There are overlaps among the makers,practitioners and regulators of the discretion in the ownership system.Therefore,in the process of exercising the discretion,it is easy to have unreasonable final penalty result or abuse of authority.It is also necessary to analyze the characteristics of tobacco administrative penalty from its own field,build an effective regulatory framework of the discretion,improve the discretion in the process of administrative penalty,and flexibly control the relevant penalty provisions.Based on this background,this paper takes J city of Shandong Province as an example,using the method of literature and case analysis,focusing on the existing problems in the exercise of discretion in tobacco administrative penalty,and combining with the actual situation of tobacco administrative penalty in J city of Shandong Province,in-depth discussion on the effective opinions to improve the fairness and authority of administrative discretion.It has a strong practical guiding significance to improve the rationality of tobacco administrative penalty and public management practice in J city,Shandong Province,and can also give theoretical guidance to other administrative penalty discretion in the same field.