Research On Standard For Administrative Diseretion

As our Government has managed the Government to service government and the gradual transition, building a harmonious sun service system the government has become the governments development effort direction. Administrative discretion for the executive to complete public service, building service-oriented government is an important means of modern executive power is an integral part of the widespread exercise of executive power in the process, all administrative actions from the operation of almost all non- open administrative discretion, based on the goodness of administrative discretion in favor of law enforcement machinery to prevent administrative staff, a benefit for the effective guarantee and implementation of justice. But if you do not need to put the executive power of the law;, allow it to be abused, then the administrative law enforcement abuse of power or will become the norm, personal rights of citizens, public interests of society may become a victim of uncontrolled power.Practice has proved that the construction of discretion benchmark system is to limit executive power will undoubtedly acts recklessly, causing an effective system of its reaching good. Research and reference system of administrative discretion, combined with the experience of foreign countries to build administrative discretion with Chinese characteristics benchmark system. Construction and Improvement of the system will effectively bound to the norms of the executive actions to enhance the happiness index of civil rights.For the executive, it can effectively regulate the behavior of the executive, the compression of space rent-seeking, corruption will be nipped in the bud. This study is divided into five partsThe first part of the definition of the concept of administrative discretion basis. This paper argues that the establishment and improvement of administrative discretion benchmark system is conducive to the formation of healthy economic and social development of the social atmosphere, making the program awareness, service consciousness slowly in the formation of the executive. Both domestic and international reference system of administrative discretion and Practice.Through this section define the concept of administrative discretion baseline; nature interpretation; principles of necessity and setting, to be an executive discretion to show everyone the basic picture reference system.The second part of the paper according to the actual situation in China and with reference to the practice of foreign legislation, the concept of sense and logic explains the baseline system of administrative discretion.The third part of the base system of administrative discretion Analysis. This part of discretionary basis by the rise of system description, explain the discretion of the administration in recent years the development of benchmarking systems. Positive results through the elaboration and lack of discretionary basis for the System of the direction.The fourth part of the basis of administrative discretion System. System of administrative discretion on the establishment and improvement of reference, there are many academic point of view, in theory, more focus on the system of administrative discretionary basis to build and Yique added, and this paper has administrative discretion of the Legislation of the reference system of the macro-based positioning, and with administrative discretion reference system associated with the system and put forward their own views.Meanwhile, the paper argues that improving the system of administrative discretionary basis, of course, essential to the completeness of the law, administrative staff at all levels of awareness of administration according to law must be strengthened. Therefore, in the whole society and establish the concept of building a service-oriented government to build an atmosphere of administration according to law in order to strengthen the process in the exercise of executive power in the consciousness of the executive staff to ensure the realization of the interests of the administrative counterpart.