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8.08.2008

Administrative penalties and discretionary power

Harbin municipal government has just issued an implementation plan on standardizing discretionary power in the imposition of administrative penalties (哈尔滨市规范行政处罚自由裁量权工作实施方案).

The plan introduces various criteria to measure administrative penalties.

His novelty lies in that the imposition of penalties will be based on arguments from precedent (先例) and analogy (类比). The typical cases (典型案例) administrative agencies will refer to in their reasoning will be available to the public. The same goes for the criteria used to measure administrative penalties. Administrative penalties decision will also mention the reason on which they are based.

This plan should be implemented by December 31, 2008. Those who want to know its details can click this link.


Administrative penalties are: disciplinary warning; fines; confiscation of illegal gains or unlawful property; suspension of production or business; suspension of permits or licences and - last but not least - administrative detention.

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