| Administrative penalty discretion is an important administrative power granted to the executive branch by law.The existence of the discretion of food administrative penalty is to meet the needs of modern society for food safety supervision,enhance the efficiency of law enforcement and guarantee the justice of individual cases.However,discretion is a double-edged sword,and its unreasonable use has brought great negative effects and disadvantages.Therefore,based on the dilemma of Food Inspection and handling cases and the new situation of market supervision system reform,this paper make use a combination of multidisciplinary knowledge of law,Public Management and other disciplines,and use the methods of bibliographical methods,Case Analysis and interview,basing on an in-depth analysis of 104 cases,argues that the current food illegal administrative punishment discretion in the application of the three main problems,that is improper application of legal provisions,the confusion of case value calculation methods and inappropriate discretion of administrative penalty.The main reasons for the itinerary of these problems,namely,imperfect laws and regulations,the lack of scientific means of administrative law enforcement and procedures,low level of law enforcement team and the lack of effective supervision.It is necessary to take comprehensive measures from the legislative,judicial,law enforcement and supervision to perfect the application of discretion in food administrative penalty.Specifically,adding to the conventional external regulatory measures,which mainly focus on legislative control and judicial control,and the internal regulatory measures of market supervision,constructing intelligent law enforcement with using technology enforcement and China market supervision and administrative punishment document network as its main content,exploring the organizational structure of Matrix type of administrative law enforcement,and increasing the social supervision of CPPCC and social media. |
