略论行政处罚自由裁量权的规制

行政处罚自由裁量权是行政权力的重要组成部分 ,是依法行政的重点和难点问题。在行政执法实践中 ,行政自由裁量权适用不当形成的行政处罚较为普遍 ,滥用行政裁量权严重的损害了行政相对人的合法权益 ,破坏了社会主义法治秩序。对行政处罚自由裁量权应当从实体法和程序法上明确规定其适用的标准、方式、步骤与范围

On regulation of discretion of administrative penalty

The discretion of administrative penalty is the important part of the administrative power and the crucial and difficult problem of the rule of law. During the enforcement of administrative law, the discretion of administrative plays an important role and it is more easily abused against the restricted administrative behavior. In fact, the improper use of the discretion of administrative penalty often happens and damages severely to the administrative counterparts' lawful benefits, and spoils the legal order of China .We should rule definitely the standard?way?step and extent of the discretion of administrative penalty from the substantial and procedural view.