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On the Quality and Technical Supervision administrative penalty discretion control

Author: SunDeSheng
Tutor: QiYanPing
School: Shandong University
Course: Legal
Keywords: Quality and Technical Supervision Discretion Prior control Process Control Supervision afterwards
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 56
Quote: 0
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Abstract


Discretion is the quality and technology supervision departments in the administrative punishment frequently exercised power, but due to the existing control mechanisms discretion weakness, administrative penalty discretion abuse of the more prominent : Excessive applicable fines, confiscation discount applies , penalties lopsided , finds the seriousness of the standards are not uniform , to avoid application of the general procedure , time-bound actions undue delay and so on. Administrative penalty discretion not only against the abuse of the legitimate interests of the administrative counterpart , and law enforcement officers will corrode and damage the government's image , increasing the difficulty of law enforcement , or even a threat to social stability and hinder the rule of law . Administrative penalties for abuse of discretion , there is too much space discretion objective reasons , there are law enforcement officers to the low overall quality of subjective reasons , there are factors that law enforcement seeks profit driven , and even administrative relative person waves, of course , may also be is affected by the interference of local protectionism . To effectively control the administrative penalty discretion must be pre-control , process control, supervision afterwards . Ex ante controls to develop administrative penalty discretion standard for content ; process control to improve the challenge system , functional separation system , collective deliberation system , with justification system , hearing system for content ; supervision afterwards to build administrative review, quality assessment system to check for the content . Ex ante control, process control , supervision afterwards together to form a control administrative penalty discretion integrated network .

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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