| Both academic and political circles attach considerable importance to Discretion, which is the core concept of modern Administrative Law. In a positive sense, Discretion has been endowed value proposition to adapt to socio-economic development and modern administration. However, it is also a "double-edged sword". It can be applied the law to benefit the society. At the same time, there are problems with abusing discretion and infringing rights. Therefore, author starts this paper with the angle of discretion criterion, and bands empirical practice "refined discretion standard, binding administrative discretion" in Fujian. At last, we will find a "Golden point" between the rigid and standardize administrative discretion, to really realize the value of discretion.This paper contains six chapters. The main task of Introduction is to determine the scope of the study and research perspective. It has also clarified the cause of choosing from the "system of discretion standard" to study, and solve the problem of abuse of discretion in the process of administrative law enforcement. At the same time, it made a brief overview on the basic theory of discretion.The second chapter selects Fujian as major research object. This part clarifies its background of normatively running administrative power in this region.Chapter III focuses on practical experience in Fujian. It combines Process Model of policy analysis to make introduction and estimate during the process of principle of standard setting, refining tool selection of discretion standard and so on.In Part IV, I will extract results and existing problems in this reform process.In Part V, I will put countermeasure to regulate discretionary and control the executive power from academic and empirical perspective.Part VI, the Conclusion, I will summarize and deepen successful experiences of regulating the exercise of power in Fujian, and point out that the mode in the whole country has universal values to promote.
|
PDF Full Text Request