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林业行政处罚自由裁量权是林业法律法规赋予林业行政机关在一定范围内依法决定具体行为幅度的一种权力,本意是促进林业行政处罚更为客观、公正。但因主体、客体等多方面的因素,使得如何正当合理利用行政处罚自由裁量权很难把握。该文从法理学、行政处罚法、行政法、制度、队伍建设等多个角度,讨论了如何进一步加强林业行政处罚自由裁量的客观性、公正性,为进一步规范林业行政处罚自由裁量权提供参考。
The discretion of forestry administrative penalty is a kind of power that the forestry laws and regulations give the forestry administrative authority to decide the scope of the specific acts according to law within a certain scope. The intention is to promote the forestry administrative punishment more objectively and justly. However, due to various factors such as subject and object, it is difficult to grasp how to use the discretion of administrative penalty properly and reasonably. This article discusses how to further strengthen the objectivity and impartiality of the discretion of forestry administrative penalty from the perspectives of jurisprudence, administrative punishment law, administrative law, system and team building, and provides reference for further regulating the discretion of forestry administrative punishment. .