Research On The Discretionary Benchmark Of Price Administrative Punishment

Although it has experienced more than ten years of local practice and development,as a means to control administrative discretion,the benchmark of administrative penalty discretion has been widely applied in China and achieved certain results,however,the formulation,application and supervision mechanism of administrative penalty discretionary benchmark in price field with relatively weak foundation is still not perfect,and there are deficiencies in the division of authority of the formulation subject,the pattern of discretionary effect,the formulation procedure of discretionary benchmark and the formulation content of discretionary benchmark.The first part of this paper starts from the theoretical analysis of the discretionary power of price administrative punishment and its discretionary basis to lay a theoretical foundation for the following research.Furthermore,the second part comprehensively expounds the development history of the price administrative penalty base.The third part uses empirical analysis method and combines theory with practice to analyze the existing problems of the price administrative penalty benchmark in six dimensions.On the basis of the first two parts and combining with the latest stipulations of relevant laws and regulations,it aims to put forward the conception of perfecting the price administrative penalty benchmark.Six improvement paths are put forward: first,the establishment of multi-level discretionary benchmark system;Second,the scientific selection of discretionary effect lattice model;The third is to standardize the formulation procedure of discretionary basis;The fourth is to enrich the content of discretionary benchmark;Fifth,improve the application mechanism of discretionary basis;Sixth,improve the supervision and evaluation of discretionary basis.The above path will sum up the necessary points to perfect the administrative penalty discretion base in the field of price,which is conducive to the scientific formulation of the administrative penalty discretion base of price and the scientific law enforcement team,so as to stabilize the administrative supervision in the field of price and further develop the socialist market economy.