Study On The Exercise Of Administrative Penalty Discretion In The Road Transportation System Of Kunming

Administrative discretion is an important core and main form of administrative power.In the whole administrative field,administrative discretion has early become a vital signature of the developing modern administrative law.To improve administrative efficiency,we must meet the requirements of modern administrative management and expand administrative discretion with administrative law.The flexibility of administrative discretion determines the fragility of its use.So,administrative discretion exists in the reasonable scope of the law.The discretionary power of administrative punishment of road transport is a very important administrative power.In the course of punishing road transport violations,the discretionary power is very large.If it is not regulated,the law enforcement may be unfair.Therefore,how to standardize the discretionary power of administrative punishment in road transport is a common concern of both theoretical and law enforcement circles.Or else,the improper exertion of administrative discretion is like an inappropriate double-edged sword that hurts both the country and the other side.At present,China is in the period of economic and social transformation.At the same time,it also makes the regulation and reasonable use of discretionary power more difficult.How to regulate the exertion of administrative discretion and minimize the possible negative impact of administrative discretion is the main topic of current researchThis paper chooses the study on the exercise of administrative penalty discretion in the road transportation system of Kunming as the content of the graduation thesis Trying to define the scientific definition of administrative discretion,road transport administrative penalty discretion and other related theory,analysis the road transport administrative penalty discretion of Kunming to the exercise of the status quo,kunming road transport administrative penalty discretion is discussed the necessity of standardization analysis,road transport administrative penalty discretion standardization in kunming,puts forward the overall train of thought,explore that guarantee kunming road transport administrative penalty discretion standard advice.This will undoubtedly contribute to the enrichment of the theory of road transport development,and has certain reference significance for preventing the abuse of power from the system and mechanism level,improving the administrative law enforcement level of road transport,and creating a favorable legal environment for accelerating the development of modern road transport industry.