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On The Abuse Of Administrative Discretion, And Its Program Control Method,

Posted on:2004-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z ChangFull Text:PDF
GTID:2206360092486518Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative Discretion is an essential part of Administrative Power and governmental ruling would never operate without Administrative Discretion. Administrative Discretion is a double-edged sword: on one hand its application can enhance administrative efficiency, strengthen administrative management and benefit private parties a lot; on the other hand its abuse would greatly damage legal interest of private parties and lead to serious administrative corruption. How to control the abuse of Administrative Discretion is concerned about by Administrative Law scholars and it is also the theme of this article. This article can be divided into 3 chapters. In Chapterl, it interprets the concept of Administrative Discretion that it is the power that Administrative bodies can choose legally and reasonably and classifies Administrative Discretion, which includes Administrative Legislation Discretion, Administrative Dealing Discretion, Administrative Permission Discretion, Administrative Punishment Discretion and Administrative Contractual Discretion. Then it analyzes the reasonableness of the existence of Administrative Discretion and analyzes the extreme value of Administrative Discretion, which are fairness and efficiency. In Chapter 2 this article demonstrates the relationship between the abuse of Administrative Discretion and defines the Abuse of Administrative Discretion which is illegal administrative action caused by administrative bodies' inappropriate application of Power. After that it summarizes six forms of the abuse of Administrative Discretion, which contains aviating legal purpose, illegal consideration, constant change, inappropriate delay and inappropriate steps. In Chapter 3 it analyzes the harm caused by the abuse of Administrative Discretion that leads to corruption, endangers social establishment and destroys social order. Then it analyzes the special value of administrative procedure in controlling the abuse of Administrative Discretion under the help of Rolls' Procedural Justice and therefore devises a set of scientific and just procedural system to control it. This system includes Administrative Discretion, Being neutral, Informing and Explaining Reasons and Hearing etc. In conclusion it puts forward that an Administrative Procedure Code should be made to meet the demand of contorting the abuse of Administrative Discretion.
Keywords/Search Tags:Administrative
PDF Full Text Request
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