Research On Administrative Discretion Standard

Wiliam Wade,the famous administrative jurist in England,said,"dicretion is the core of administrative law."Controling administrative discretion power is not only the important mission of administrative law,but also the requirement of rule of law.Because the current controlling methods in traditional sense of rule of law have not effectively controlled administrative discretion,so it is requisite to bring the function of government into full play and use discretion self-controling methods to add the effectiveness of controlling discretion in the sense of essential rule of law.Furthermore,administrative discretion standard system is the main of administrative discretion self-controling methods,so researching it becomes an important task for administrative law academic and professional circle now.This article,research on administrative discretion standard, is developed as follow:theory aspect, introducting external experiences, real evidence aspect and exploring discretion standard way.Part One"the basic theory of administrative discretion standard", analyses administrative discretion' connotation,nature,necessarily being controlling and controlling ways,then draws a conclution that discretion standard is worthy and difines it.Part Two"external administrative discretion "standard" experiences'introduction—taking America,England,Germany,Japan for example" tries to introduce boths methods of controlling discretion:outer and inner contraling it.Part Three"the real evidence of administrative discretion standard system—taking the Hunan Mode for example" analyses the merits and defects of Hunan province practicing the administrative discretion standard system.Part Four"exploring the way of our country's future administrative discretion standard"tries to structure our administrative discretion standard system'model and point out some matters needing attention in the course of making and applying administrative discretion standards.