On the Development of Discretion Benchmark for Wetland Administrative Penalty
Administrative penalty is an important legal means to deal with illegal activities that damage wetlands.The application of administrative penalty discretion is faced with the risk of abuse.Wetland conservation management involves multiple administrative departments,which can easily lead to inconsistent punishment standards.The administrative penalty discretion benchmark is an effective tool to constrain the administrative penalty discretion.However,the environmental administrative penalty discretion benchmark cannot meet the specialized needs of wetland conservation.The existing wetland administrative penalty discretion benchmarks are confronted with problems such as different formulation subjects,confused manifestations,and rigid application.The development of wetland administrative penalty discretion benchmark is based on the theory of discretion benchmark,legal policy and wetland protection practical experience.It is reasonable,necessary and feasible to develop administrative penalty discretion benchmark in the field of wetland conservation.Only by clarifying the formulation subject,improving the content and form,standardizing the formulation procedure,setting up escape clause and introducing dynamic adjustment can the wetland administrative penalty discretion benchmark be developed systematically.
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