International Journal of Frontiers in Sociology, 2022, 4(13); doi: 10.25236/IJFS.2022.041310.
School of Law, Guangxi University, Nanning, Guangxi, China
As one of the most suitable tools of power control, the discretionary benchmark should shine brightly in practice, but there are problems of rigidity and abuse in practice. After proving the legitimacy of escape behavior under case justice, combined with the formulation status and applicable rules of escape clause, analyzing the existing situation of omission and arbitrary contradiction of escape behavior in practice, we can draw a conclusion that escape should be considered in the special circumstances of the case discretion benchmark. However, the escape application of discretionary benchmark is not arbitrary. In view of the escape behavior may lead to the risk of power abuse and damage the value of power control by rules, it is necessary to establish a set of mechanisms to strictly restrict the pre-initiation, in-process operation and post-supervision of escape behavior, so as to ensure that escape behavior can better play its value.
Administrative punishment; Discretionary benchmark; Benchmark escape; Escape norm; Case justice
Puqing Wang. On the application and regulation of administrative punishment discretionary standards. International Journal of Frontiers in Sociology (2022), Vol. 4, Issue 13: 61-69. https://doi.org/10.25236/IJFS.2022.041310.
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