TI:On reasonableness of administrative penalty discretion
AU:LI Pansheng , WANG Hanyao , CHEN Lijie , CHEN Liang , HE Haiyu
AD:(LiShui Municipal Institute of Health Inspection , Zhenjiang Lishui 　323000 , China)
Abstract : Nation administrative organs or the law2authorized organizations exercise managing authority over relative people of administration in accordance with the law , implement administrative penalty to citizens , legal persons or organizations who violate the aduninistrative laws and regulations , so as to maintain the order of market economy , set up the essential means for a legal society. Administrative penalty must go on in accordance with the law. Administrative penalty law of PRC still stipulates clearly :"Administrative penalty must be imposed in adherence to the principles of fairness and openness. "The principle of legality of administrative penalty can be seen clearly and intelligibly in a lot of relevant law and regulations and various kinds of administrative or judicial interpretations. However , embodiment of fairness and justice while emphasizing legality ,namely the rationality principle of discretion is a question difficult to achieve in theory especially in practice discretion is not free in judging. On the basis of analyzing the meaning , current situation (question) and reason of the right of discretion from nine aspects , the authors discussed the question of how to hold the administrative right of discretion properly.
Key word : Jurisprudence ; Organization and Administration ; Liability , Legal

question of how to hold the administrative right of discretion properly.