行政处罚裁量权的存在犹如一把双刃剑,既有其存在的合理性和必要性,也极易被滥用。2010年12月,国家质检总局正式制定下发了《质量监督检验检疫行政处罚裁量权适用规则》(以下简称“《适用规则》”)。充分了解《适用规则》,有利于认真规范和行使质量监督行政处罚裁量权。质检行政处罚裁量权概念质检行政处罚裁量权,是指质检系统各级行政处罚实施机关根据质检法律、法规、规章的规定,结合违法行为的事实、情节和社会危害性等因素, The existence of the discretion of administrative punishment is like a double-edged sword, which not only has the rationality and necessity of its existence, but also is easily abused. In December 2010, AQSIQ formally formulated and issued the “Rules on the Application of Discretionary Power in Quality Supervision, Inspection and Quarantine (hereinafter referred to as ” Applicable Rules “). Full understanding of ”applicable rules" is conducive to conscientiously regulating and exercising the discretion of quality supervision and administrative penalty. The concept of discretionary power of quality inspection Administrative penalty The right of quality control Discretion of administrative penalty refers to the implementation of quality control system at all levels of administrative penalties in accordance with the provisions of the laws, regulations, rules and regulations, combined with the fact that violations, circumstances and social hazards and other factors,