Research On Administrative Discretion Standard

It is impossible that the modern government doesn't have administrative discretions. If there is no discretion involved in reconciliation, the rule itself is unable to cope with the complex problems of modern government and modern justice. However, excessive discretion is dangerous and harmful. It is impossible and undesirable to remove all discretion. It is wise to seek a balance between rules and discretion. This requires a system to balance the conflict between rules and discretion, and administrative discretion is the real system.As a kind of self-exploration of practice department, discretion standard has played an important role in regulating the exercise of administrative discretion and preventing the random and abuse of administrative discretion. The rise and development of administrative discretion adapted to the needs of transitional period, complied with the trend of administrative law. However, there are still some problems in the practice of administrative discretion. Moreover, there is no unified understanding of the nature of reference in administrative discretion, function, control technology, monitoring mode and so on.The first part of the thesis is introduction of administrative discretion standard. The author distinguished the definitions, rules and standards of administrative discretion standard. Besides, the author analyzed the nature and function of administrative discretion standard. The author analyzed the legitimacy and effectiveness of administrative discretion standard in the second part of the thesis. The author illustrate that its existence has legitimacy through the analysis of the existing theoretical basis and legal basis of administrative discretion standard. This thesis points out it not only has the internal legal effect but also has external legal effect. At the same time, the author analyzed the effectiveness of administrative discretion in the administrative organs and administrative relative person and the court. The third part, the author mainly discussed difficult problems in formulating administrative discretion standard. Such as the formulation of administrative discretion standard subject, set the standard of administrative discretion whether the administrative organs of the obligation and how to rationally divided standard. The fourth part of the system through the analysis of problems of administrative discretion standard and learn from the benefit experience of foreign countries, proposed the introduction of the principle of proportionality and the doctrine of precedent, we should explore some ways to establish system of administrative discretion and the reasons the open system, should improve public participation in the system and improve the supervision and improve the system of administrative discretionary basis.