海事行政处罚自由裁量权的控制

About the control over the discretion of maritime administrative penalty

行政处罚作为一种最严厉的制裁性行政行为,其自由裁量权若被滥用必将严重影响我国的法制建设。文中对海事行政处罚自由裁量权加以探讨,按照合法与公正的原则,研究如何有效控制自由裁量权的行使,以期有利于海事执法部门正确、及时而有效地执法,切实保障海事相对人的合法权益。

Administrative penalty, as the most severe sanction in administation, would have profound impact on the construction of China legal system if the discretion right is abused. This paper discusses the discretion right of martitime administrative penalty as well as studies how to effectively control the enforcement of discretion right by the legal and impartial priciple with a view to contribute to the proper, timely and effective administrative law enforcement in MSA, so as to guarantee the legimate rights and interests of maritime management counterparts.