On the Application of the Escape Mechanism in the Automation of Administrative Penalty Discretion
The discretion in the context of automated administrative penalty has undergone profound changes.The application of automated administrative penalty discretion improves the efficiency and objectivity of punishment,but its"one size fits all"discretion model leads to the phenomenon of rigid administrative discretion,which goes against the original intention of administrative discre-tion.The escape mechanism plays a positive role in solving the problem of rigid discretion,which provides the possibility of exploring the applicable path of escape mechanism in automated discre-tion.Constructing an escape mechanism requires the formulation of escape norms,delimitation of escape scope,clarification of escape rules,and disclosure of escape norms at the institutional and regulatory level.In terms of practical operation,it is necessary to standardize the initiation subject and applicable conditions.At the post event level,it is necessary to implement safeguard measures such as filing,updating data,and accountability.
administrative penalty discretionautomated administrationescape mechanismfair-ness and justice
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维普
