Administrative Discretion Benchmark System Research

In modern society, discretion as typical characteristics of public administration, has been completely penetrated into every corner of the field of administrative law. To a large extent, the central tasks of administrative law is resolved by the rule of law of administrative discretion problem.Background of modern rule of law, with the administrative discretionary administrative transformation and proliferation of discretionary standard, increasingly becoming a widespread phenomenon and the innovation of administrative system of administrative law. It through relevant scope of discretion to exercise legal norms to flesh out explains that uniformity, to ensure discretion exercised by equality and openness. Investigate the justifiable basis of discretionary standard, in addition to its own limited discretionary range, preventing the Executive power abuses inherent in the expense of justice functions, directly from development of the Western theory of restrictive licensing. Discretion reference as an explanation of administrative rules, on the lower level the executive authorities and the civil service there are of course binding, and have good external effect, as a basis for administrative law enforcement.Specific to the prison administration, the establishment of prison management discretion benchmark system for prison administration according to law, improving equity, fairness and reasonableness of administrative acts, regulating the behavior of law enforcement, improve the quality of law enforcement, reduce administrative disputes is of great significance.This article from the analysis of current situation and existing problems of Chinese prison work as a beginning, leads to the concept of administrative discretion. As societies become more progressive, inevitable requirement for building the rule of law and administration according to law on Executive discretion prevailing issues for effective control, creating a discretionary datum. First of administrative discretion and judgement of this article explains some of the basic problems of the Datum.secondly, with extraterritorial administrative system of some realities of countries on the issue of administrative discretion and essence of the theory, comparative study on development of China’s administrative ruling system, summarized a suitable for drawing on some of the experience. Once again, at the discretion of theoretical basis and shall clarify the issue of dealt with, implementation of discretionary standard system demonstration of significance. Finally, with a focus on construction and perfection of prison management decision made benchmark principles, scientific method and the system of supervision and protection mechanisms.