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近年来行政处罚裁量基准的制定成为推进依法行政,规范行政机关裁量权力运行的重要举措,在实践中也取得了一定的成效,但是,行政裁量基准作为一种发源于基层实践的新兴的制度,仍存在着制定主体混乱、形式不统一、效力认识存在差异等诸多问题。本文以行政处罚裁量基准为视角,拟对实践中行政裁量基准制定存在的问题作一下梳理分析,并就如何进一步完善行政裁量基准制度提出自己几点粗浅的看法。
In recent years, the formulation of discretionary benchmark for administrative punishment has become an important measure to promote the administration according to law and standardize the discretionary power of administrative organs. In practice, certain achievements have been made. However, as an emerging system originating from grass-roots practice, There are still many problems such as making the main body confused, the forms are not unified, the differences in effectiveness and cognition exist. Based on the discretionary benchmark of administrative punishment, this paper intends to make a combing analysis of the existing problems in the formulation of administrative discretion benchmarks in practice, and puts forward some superficial opinions on how to further improve the administrative discretion benchmarking system.