On reasonableness of administrative penalty discretion

Nation administrative organs or the lawauthorized 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.