Abstract:
Administrative discretion standard is internal self-restraint rules in an administrative
organization, which is expected for effectively controlling the abuse of administrative power. Introduction
of the administrative discretion standard system into forestry administrative punishment will be conducive
to unify the discretion scale and improve the level of forestry administrative punishment. In recent years,
the rich experience for the construction of forestry administrative discretion standard system has been
accumulated from the local practice of formulating the discretion standard of forestry administrative
punishment. Meanwhile, there are many differences on scope, type, lattice division, punishment range,
and principle in the local standards because of multiple decision-making bodies and arbitrary standard
setting. The applicable rules of discretion standard and decision-making bodies of specific discretion
standards should be clearly distinguished. Moreover, the applicable rules of forestry administrative
discretion standard and an unified standard should be set for whole China by the bureau of forestry
administration in State Council, and then the local discretion standards should be modified accordingly by
provincial forestry departments, therefore, China's forestry administrative discretion standard system may
be improved.