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所谓行政处罚自由裁量权,是指国家行政机关在法律、法规规定的原则和范围内有选择余地的处置权利。它是行政机关及其工作人员在行政执法活动中客观存在的,有法律、法规授予的职权。本文对内河海事行政处罚自由裁量权进行了探讨,分析了其合理性、必要性及负面效应,并研究了如何规范、有效地使用自由裁量权,以期有利于海事部门正确、及时而有效地执法,切实保障行政相对人的合法权益。
The so-called discretionary power of administrative punishment refers to the state administrative organs have the right of disposal within the principle and scope stipulated by laws and regulations. It is an objective existence of administrative agencies and their staff members in the administrative law enforcement activities and is vested with the powers conferred by laws and regulations. This article discusses the discretionary power of intra-river and maritime administrative penalties, analyzes its rationality, necessity and negative effects, and studies how to regulate the use of discretionary power in an effective manner so as to facilitate the proper, timely and effective enforcement of maritime affairs , Effectively protect the legitimate rights and interests of the administrative counterparts.