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Basic principles of administrative penalty discretion
1. The exercise of discretion should be fair, kind and reasonable. Justice means that when exercising discretion, we should do it out of public interest, so that "the same situation is handled in the same way and different situations are handled differently"; Goodwill means that when exercising discretion, it should be out of good will, not seeking revenge; Reasonable means that when exercising discretion, it should conform to people's normal thinking, which is an act made out of the usual consideration of a normal person. In order to conform to the objective laws of society, such as ordering the parties to remove the trademark marks on infringing goods, it should depend on the quantity, and it cannot be completed in a few minutes. 2, the exercise of discretion, only for legitimate purposes. Only for legitimate purposes, but for illegitimate purposes. Improper purpose refers to abnormal considerations such as self-interest. Self-interest is a broad concept, which can be divided into direct self-interest and indirect self-interest. "Direct self-interest" means that the exercise of discretion can directly bring economic or political benefits to the actor; "Indirect self-interest" means that the exercise of discretion can not directly bring benefits to the actor, but it can bring future and expected economic or political benefits to the actor. If the fact that the parties violate the law is minor, but they are punished with the highest amount, it is obviously an abuse of discretion. 3, the exercise of discretion, to conform to the purpose of the law. The formulation of any laws and regulations has its value orientation, which is the purpose pursued by law. If the exercise of discretion deviates from or even deviates from the purpose of law, it will inevitably lead to unreasonable administration, and discretion will become a tool for personal gain and revenge. Article 4 of the Administrative Punishment Law follows the principles of fairness and openness. The establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts. Provisions on administrative punishment for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment.