Research On The Effects Of Administrative Discretion Standard

With the changing of the functions of the government, the administrative poweris ascendant. The discretionary power is expanding. We need a certain standard torestrict the discretionary power. The unrestricted discretion can easily affect thelegitimate interests of the administrative relative person and the credibility of theadministrative organ as time passes. If the administrative relative person can trust theadministrative organ, then it’s easy to enforce the discretionary power. The certaindegree of discretionary power of the administrative organ gives by the legislatureand it’s based on the divisions. In practice, the administrative organ restricts thediscretionary power by the standardized standards. Finally, as the discretion standard,it works after repeated trials.Why it’s necessary to analysis the discretion standard? As the result of manyunforeseen things, we can’t face all the social situations even any particular cases. So,we need the discretion standard to enact the related standards. But as we can see, thatwould be a question whether the discretion standard will has legal effect? If it works,it only works within the administrative organ or spreads to the relative person orcourt? This article first analyses the discretion standard, the discussions it causes andthe systems of self-decipline and self-control. For criticizing the discretion standard,the inner regulation function should be brought into play. According to the analysisof the definition and property of discretion standard and its internal and externalforce, we can see the foundation. It has justified legal basis, administrativeself-regulating property and the rule retributes. Not only can restrict the relativeperson, but also the court. It comes into being as the times require. Although it’sdiffer from the laws and regulations, but its procedure should comply with somedefinitely regulated procedure. The lower authorities enforce the law in strictaccordance with the discretion standard which is made by the higher authorities. Tokeep up with the pace of social development, it has been established in differentareas and it’s easy to cause efficacy conflicts in different classes. So we need to regulate it. The legitimate discretion standard is the legal basis of enforcingadministrative behavior. It influences the rights and duties of relative person and thenon its legal validity. Whether it will works to the court is according to judgment andit depends on the legal basis. The methods of review are usually indirect. Therelative person can’t bring an administrative suit without permission. He can onlyprosecute some infringement acts. To better spread its automatic and positivefunctions, we can work out examination system and report approval procedurewithin the administrative organs.