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Research On The Reasons-giving Under Discretionary Condition

Posted on:2009-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:L XiaoFull Text:PDF
GTID:2166360245964075Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Modern administrative law comes into existence and is developed during the process of gradual expansion and reinforcement of administrative freedom judgment rights. with the development of the society and the science, the government's forcement becomes more and more expansive. There are administrative force in every facts in the society. This is the most valuable fact for enhancing the administrative right. But the administration law and the law also have some limits on the administrative discretion. This article utilizes comparison research showing reason,law analytic method and so on research technique, decides after deliberation the power aspect in the standard administration the unique value. Here I revealled the relationship between reasons-giving and administrative discretion, the consequence of doing not so well when you interpret the reasons, and constructed the rules of reasons-giving. The reasons-giving is good for using administrative discretion, improving the administrative effect, protecting the administrative authority and justness, and also can avoid power-abusing and administration rely on realations, protecting the rights and interests of people, and make it more acceptalbe for administrative activities.
Keywords/Search Tags:administrative discretion, reasons-giving, discretion standard, legal consequence
PDF Full Text Request
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