| On July 15,2021,the newly revised Administrative Punishment Law of the People’s Republic of China came into effect.Under the general trend of decentralization of administrative punishment power,how to effectively exercise the punishment power of the administrative organs,especially the basic administrative organs,is a very important problem.In the field of administrative punishment which is closely related to the public,how to formulate the discretionary benchmark in the field of administrative punishment scientifically and reasonably,so as to realize the effective combination of social governance and case justice,so as to avoid the problems of "different punishment for the same case" and legal and unreasonable punishment in real life.In 2004,the benchmark of administrative punishment discretion was first formulated and applied in practice,which has been widely praised by the public.After a long-term development,in the field of administrative punishment,the local administrative organs have formulated the discretionary benchmark text.This is inseparable from the theoretical basis of the principle of administration by law,the principle of trust and interest protection,the principle of proportion and equal treatment.Through the administrative organ in the field of administrative penalty discretion of the present situation of the benchmark text,collect relevant data,you can see that although many administrative organs have developed the discretion benchmark text,but there are still many problems,mainly exists in the administrative penalty discretion benchmark content,formulate organs,formulate procedures,formulated in the process of public participation is not high.Through the administrative penalty discretion benchmark in the process of the formulation of the problem as the starting point,take the problem as the guidance,find out the corresponding solutions.Although the benchmark of administrative penalty discretion is not a law,it will also indirectly affect the rights and obligations of the administrative counterpart.Therefore,the formulation of a scientific and reasonable administrative penalty discretion benchmark is conducive to the construction of the rule of law and the government under the rule of law.Administrative penalty discretion benchmark after the supervision and improvement,social life in rapid change,some administrative penalty discretion benchmark with the change of time has been inappropriate,or some administrative organs of administrative penalty discretion benchmark beyond the superior law or the authority,so through the administrative organ for the record review and the judicial organ incidental review system of the supervision,for some inappropriate discretion benchmark.So that the administrative organs can formulate the administrative organs and the public are satisfied with the discretionary benchmark. |
