Research On The Problems And Countermeasures Of The Exercise Of Discretionary Power In Water Administrative Law Enforcement

Discretion is a classic subject on which experts and scholars have written extensively and applied their theoretical results in the practice of executive branch.This paper mainly studies the operation and problems of discretion in water administrative law enforcement,and puts forward improvement measures and suggestions on the basis of analyzing the reasons.The life of law lies in enforcement,and the existence of discretion of water administrative law enforcement is like a“Double-edged sword”,on the one hand,it can make up for the uncertainty and lag of laws and regulations,and so on,it is helpful to realize the justice of individual case,but if the control is not strict,it will often lead to the possibility of abuse of discretion,thus damaging the credibility and authority of the government and infringing the legitimate rights and interests of private party.In order to explore the methods to improve the discretion of water administrative law enforcement,this paper first expounds the necessity and main categories of the existence of the discretion,and on the premise of recognizing the extensive existence and necessity of the discretion in the field of water administrative law enforcement,through the analysis of six cases,the author finds that there are some problems in the exercise of the discretion of water administrative law enforcement,such as the scope of punishment,the time limit of the choice of action,the non-standard exercise of procedure,etc.And then summed up the six reasons for the existence of the problem,that is,the technology is not mature,the water laws and regulations lack authoritative explanation,the procedure system is not perfect,the hidden pressure causes the discretion to be out of shape,the lack of effective supervision,and the quality of law enforcement personnel is uneven;Finally,based on the analysis of the reasons,six suggestions are put forward to improve the problems in the exercise of discretion in water administrative law enforcement,that is to say,we should strictly limit the discretion through legislation,establish the reasonable limit of discretion benchmark under the guidance of legal principles,strengthen the standardization construction of law enforcement in water administrative departments,strengthen the supervision of discretion in an all-round way,and pass the mechanism of training and assessment,improve the professional quality of law enforcement personnel.Solving these problems is of great theoretical value and practical significance for guiding grass-roots law enforcement,improving government image and building a government ruled by law.