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Research On Standard For Administrative Discretion

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:D H JiangFull Text:PDF
GTID:2296330476450444Subject:Law
Abstract/Summary:PDF Full Text Request
Discretion of the executive power as an important widespread in law enforcement activities, is receiving more attention recently since a hot topic. Discretion is a "double-edged sword", on the one hand it is conducive to the realization of justice cases, but on the other hand it may also lead to abuse of power. Therefore, the exercise of administrative discretion to be subject to certain restrictions, otherwise it will be the government’s construction of rule of law and contrary to the phenomenon. In practice, in addition to external control outside the legislative and judicial, administrative discretion standard internal control executive power also showed a certain advantage, it will not only help to achieve justice cases, also in line with our government’s request to build the rule of law. At present, some of our executive has also developed a discretion standard, but its late start in our country, so there are still some problems in the development, implementation, etc., as they have a kind of development process, the effectiveness of such a system. In this paper, on the basis of the actual situation on the foreign experience of administrative discretion standard for analysis of the issues, as well as some suggestions for its formation, openness, effectiveness and scope of technical control and other aspects, we want to develop with Chinese characteristics discretion benchmarks provide some help.
Keywords/Search Tags:Administrative Discretion, Discretion standard, Construction of discretion standard
PDF Full Text Request
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