Construction Of A Path Of Legalization For The Escape Of Administrative Punishment Discretionary Standards

Escape right is for the administrative organs in the process of law enforcement,according to the specific situation of the law enforcement site,to make beyond the scope of the discretionary benchmark measures selection,and how to deal with these measures.However,although the concept of the escape right has been widely discussed,but its substantive content is still controversial,especially in the aspect of the legal effect of the discretionary benchmark and the study of applicable rules,the relevant professional results are still quite rare,most people’s cognition is still stuck on the question of whether the escape behavior is legitimate.There are few provisions and norms applicable to detachment clauses.From the public’s point of view,the vast majority of people agree with the rationality of administrative separation from responsibility,and believe that it is effective as long as it is based on a specific context.In addition,taking specific situational and personal factors into consideration is not only a regulation of "rights",but also a responsibility.To ensure the legitimacy of the escape,an effective mechanism must be established to prevent their abuse,which must be clearly defined and strictly enforced.Only in this way can the occurrence of the phenomenon of escape be effectively avoided and the legality of these clauses be effectively guaranteed.This paper mainly studies the contents from six aspects:The first part expounds the background and research significance,research ideas and research methods,research status and innovation points,so as to clarify the writing research direction of this paper.The second part defines the basic concept of administrative penalty discretion benchmark and escape,including the concept of administrative discretion,administrative discretion benchmark,escape and escape right.By defining the basic concept,the internal attributes of the administrative penalty discretion benchmark and the feasibility of the administrative penalty discretion benchmark can be clarified.The third part expounds the administrative penalty discretion benchmark escape,legitimacy basis,administrative penalty discretion benchmark escape may make the original design administrative discretion benchmark strict rules control target,make the discretion run back to unstable state,triggering the administrative penalty discretion benchmark escape the legitimacy,this part from the specification,function,law,for the legitimacy of administrative penalty discretion benchmark escape.The fourth part is divided into escape from the problem,through the typical case analysis summary analysis of all kinds of administrative penalty discretion benchmark escape problems existing in the process,including escape from excess,escape from idle,escape abuse,through practical problems and analysis can improve administrative penalty discretion benchmark escape to construct the path of the pertinence and timeliness.The fifth part for escape practice cause analysis from the administrative penalty discretion benchmark legal nature and constraint perspective analysis and expounds the root of the escape phenomenon,through the escape of the root of the phenomenon can mine of administrative penalty discretion benchmark escape boundary cognitive more clear,at the same time improve the feasibility of the regulation and pertinence.The sixth part is divided into the rule of law construction of the administrative penalty discretion benchmark,which puts forward the rule of law path construction of the administrative penalty discretion benchmark,and sets up a reasonable mode of the administrative penalty discretion benchmark.At present,legislation,justice and administration have been enough to build a set of regulatory system for the administrative penalty discretionary benchmark.On this basis,we should deeply analyze the discretionary discretionary regulation ability of the discretionary benchmark,constantly optimize the model structure and improve the regulation method.Establish the supervision mechanism in advance,during and after the event,prevent the abuse of escape,realize the fairness and justice of the case,guarantee the basic rationality in the externalization process of the administrative discretion benchmark,and make the application of the administrative discretion benchmark return to the stable state of the theory setting.