Research On The Benchmarks Of Administrative Discretion In Urban Management Law Enforcement Under The New Administrative Punishment Law

Although after more than ten years of local practice development,the administrative punishment discretionary benchmark has been widely promoted and applied in China,but in the urban management departments with a relatively weak foundation in all aspects,the formulation,application and supervision mechanism of the discretionary benchmark is still not perfect.Article 34 of the newly revised Administrative Punishment Law in2021 for the first time applies the concept of administrative punishment discretionary benchmarks to law,clarifying the setting and disclosure of discretionary benchmarks in the form of national legislation,bringing new opportunities and challenges to the study of discretionary benchmarks for urban management departments.In addition to the preface and conclusion,the full text is divided into four parts,with a total of 30,000 words:The first part is the theoretical analysis of the administrative discretionary benchmark of urban management law enforcement.First of all,the concept of administrative punishment discretionary benchmarks can be understood from the process of change from discretion to administrative discretionary standards for urban management law enforcement,and the essence is to limit and regulate administrative discretion.Secondly,the differences between the discretionary base stations of the urban management department and the non-urban management department are analyzed to better explain the particularity of the discretionary benchmark of the urban management department and the specific problems of the application of the norm.Finally,the focus of the administrative punishment discretionary benchmark of the urban management department is discussed,and the discussion is held from the three aspects of the formulation,application and supervision of the discretionary benchmark.The second part is an empirical investigation of the administrative discretionary benchmarks for urban management law enforcement.From the perspective of the formulation of the discretionary benchmark of the urban management department,the main body of the discretionary benchmark,the formulation of technology,and the formulation of the norm have a certain mechanism,and due to the actual situation of the urban management department’s own system and departmental foundation,the urban management department is not standardized enough in the formulation of the discretionary benchmark.From the perspective of the application of the discretionary benchmarks of the urban management departments,affected by the discretionary space and the application of norms,the discretionary standards of the urban management departments have achieved certain results in standardizing law enforcement in practice,and there are also many deficiencies and difficulties.From the perspective of the supervision of the discretionary benchmark of the urban management department,the method of supervision is mainly the internal supervision of the urban management system,the administrative supervision and judicial supervision outside the urban management system,the internal supervision of the urban management system is weak,and the external administrative supervision and judicial supervision are limited to the status and nature of the discretionary benchmark.The third part is the development trend of urban management law enforcement discretionary benchmarks under the new administrative punishment law.After the revision of the Administrative Punishment Law,the formulation and disclosure requirements of the discretionary benchmarks,as well as the newly added statutory circumstances of leniency,mitigation and non-punishment,have undoubtedly had a great impact on the discretionary standards for administrative punishments.The obligation to formulate discretionary benchmarks and the obligation to disclose are relatively clear,the main body of formulation will tend to be clear,the formulation procedures and contents will tend to be perfect,the applicable procedures will be linked to the new Administrative Punishment Law,and administrative organs should also establish and improve the supervision system for administrative punishments.Part IV,Proposals for Improving the Discretionary Benchmark System for Urban Management Law Enforcement under the New Administrative Punishment Law.On the basis of the first three parts,combined with the provisions of the newly revised Administrative Punishment Law,this part puts forward the idea of improving the administrative discretionary benchmarks of urban management departments.First of all,we should improve the formulation mechanism,standardize the formulation process of discretionary benchmarks by constructing rules for the formulation of discretionary benchmarks,enrich the content of the formulation of discretionary benchmarks,and improve the standardization of discretionary benchmarks in urban management departments.Second,improve the application mechanism,focus on improving the comprehensive quality of the subjects applicable to the discretionary benchmark,and improve the applicable rules and procedures.Finally,strengthen the supervision mechanism,increase the review of the rationality of the application of discretionary benchmarks,attach importance to the reform of the administrative reconsideration system,and improve the means of administrative supervision.