摘要
规制行政处罚自由裁量权对推进动物卫生监督机构法制建设、构建良好动物防疫监管秩序意义重大。当前规制行政处罚自由裁量权的主流方法存在酌定情节范围难界定、裁量情节比重不明确、自由裁量滥用风险大、裁量结果不精准等短板。建议动物卫生监督机构引入利益衡量理念,设置裁量"脱逸"出口,健全配套保障机制,以便合理行使行政处罚自由裁量权。
Regulating the discretion of administrative punishment is of great significance to promote legal system construction of animal health supervision institutions and establish a good regulatory system for animal disease prevention. However,there are still some shortcomings in the current mainstream approaches that regulate the administrative discretion,such as difficulty in defining the range of discretionary circumstances,uncertainty in determining the proportions subject to discretion,high risk in leading to abuse of discretionary power and the inaccurate discretion result. For the purpose of reasonably exercising the discretion of administrative punishment,some pieces of advice were put forward for animal health supervision institutions,including introducing the concept of interest balancing,permitting the special circumstance of liability exemption,as well as improving the supporting and protection mechanism.
出处
《中国动物检疫》
CAS
2018年第3期51-53,共3页
China Animal Health Inspection
关键词
行政处罚
自由裁量权
规制
administrative punishment
discretion
regulation
