On Eligibility Of Beneficiary Of Administrative Benefit

In the administrative benefits, the administrative agencies exercise investigativepowers according to certain criteria, conducting discretion depending on thecircumstances, and the applicants get labeled with a "pass" or "fail" label, those whodoes not get "certification" can not get administrative benefit.Therefore, thebeneficiary’s eligibility is of great significance to the applicants.There are three most important questions in beneficiary eligibility ofadministrative benefit. Firstly, the kind of state the specific qualifications are in,thatis, what types of qualification standards are there in practice, and that if there areproblems in these standards; Secondly, how to determine whether the applicantsmeet the established eligibility criteria, as well as whether the way to determine islegitimate, reasonable and appropriate. Finally, the executive discretion power afterdetermining issues of qualifications, which is the problem of discretionary choice ofwhether the conditions of applicants meet certain criteria.For the first question, I found that China’s current standards are established bylayers of superiorly authorized administrative regulations, administrative rules andregulations (including departmental regulations and local government regulations)and administrative normative documents.there are mainly three types of standardscontained therein, namely, standard od household registration and work location,property or income and their reasons, as well as the principle of good faith.Thesestandards are advantageous for they are specific, detailed, more flexible andoperational, but it also may violate the higher law or the basic principles ofadministrative law.For the second question, I believe that administrative benefit hasgranted payment of interest, which determines that administrative investigation isone of the essential processes. But throughout the countries of the legislative historyand the reality, investigations tend to undermine some of the interests of thebeneficiaries, such as human dignity, privacy and so on.Therefore, we need to find asuitable criterion.I have examined theories of balancing of legal interests, the principle of proportionality and the theory of ranks of values and come up with theconclusion that the principle of proportionality is the better standard. By using theprinciple of proportionality in analysing the initiation of an investigation inadministrative benefit, we could obtain the balance among purposes of theadministrative investigation,legal interests the investigation may infringe, and theinterests to be protected.Finally, the author briefly describes the relative importanceof administrative discretion in administrative benefit for the applicants, and listedthe control over discretion in administrative benefits according to the existing theoryand made a sound suggestion about how we could control administrative discretioninternally and externally.Correspondingly, this article is divided into three parts, namely the generalstandard of beneficiary eligibility, qualification investigations and discretion inadministrative benefits.The first part deals with the general standards of beneficiaryeligibility, trying to sort through a large number of relevant provisions in order tofigure out the main types of eligibility criteria, and further discusses the advantagesand deficiencies of these standards. The second part discusses the administrativeinvestigation of welfare eligibility, agencies and procedures of qualificationinvestigations, protection of rights in benefits eligibility investigation. The third partis about administrative discretion in administrative benefits and the controllingmeasures advisable in the future.