Urban Management And Law Enforcement Discretion To The Baseline Study

Discretion, as one of the significant characteristics of public administration, is heavily involved in the field of Law of Administration. The abuse of Discretion Rights would pose severe threat to Civilian Rights and Liberates. Since the end of 1990s, the Legal system build-up in China has been accelerated progressively and the legislations of Discretion Rights standards have been in its highest level.'Standard of Discretion'is the focus of the community of Administration Law.In the Chapter one, the standard of administration and enforcement Discretion is briefly introduced and the issue of the feasibility of Urban Management Discretion standard is also presented. Based on the current Discretion standard, Urban Discretion standard can be understood as a administration rule determining how to exercise the Discretion Right. It guarantees the unification, openness and equality of the Urban Discretion right by detailed explanation of the laws and regulations related to Urban Discretion right exercise area。Most of the tests are proved to be successful except problems such as the fact that too much detailed regulation deprives the Urban Management staff of the Right of Discretion.Chapter two demonstrates the background of practicing the Administrative Law Enforcement Discretion standard. Urban Discretion standard is made so as to support the Urban Management but not to replace it. It's widely accepted that the process of Urban Management should be regulated by the Administrative Discretion base system. However, this is still in its initial stage in China, which demands efforts to be made to identify the problems and solve them. Therefore, it's important to summarise the experiences and problems arisen from the trial running of the base system so as to help to legislate for more practical and feasible standard.In the Chapter three, the current mode of Discretion standard is discussed. From the point of view of Administrative Law practice, Discretion standard should emphasize how to prevent inappropriate penalty and how to restrain the unlawful behaviors of the law executers so as to achieve a balance between wrongdoing and penalty. In the life of law practice, they not only manage to identify the level of wrongdoings and carry out corresponding penalties but they also regard the explanation of vogue expressions in law and classify the subjective factor of the relative as the indicator of Discretion. The problems are also discussed in this chapter.Chapter four illustrates issues such as the proposal of establishing Urban Management Discretion standard. As an Urban Management tool, the practice of Urban Management directly impact on the perspectives of citizens towards the government management system. Coverage from the media discloses the fact that the increasing violent law practices are damaging the image of government and severely endangering the instability of the society. The frequent eruptions of massive incidents pose great challenges to Urban Management. According to the experiences from the Urban Management and the current regulations, this chapter tries to propose an urban Discretion base system. In the varieties of types of penalties carried out in the Urban Management, a fine is one of the most practical and commonly accepted forms of penalties. This is because of its availability and facility; however, it tends to lead to inequalities in penalties. Therefore, this chapter discusses this form of penalty in details.The conclusion is arranged as the Chapter five. No matter critics from the public or its negative image in the society reminds us that the Urban Management is far away from satisfactory. Therefore, in order for the Urban Management staff to practice fair and justified administrative Discretion right and for the public to trust and support the law practicing of Urban, it is essential to establish the Urban Discretion standard.