Research For The Model Of Administrative Discretion Benchmark

Discretion is the core of administrative law.If administrative law is not the law of controlling discretion,what is it?American administrative law scholars Schwartz's exclamation points out that the significance of the discretion specification for administrative law.From the angle of view of the essence of the rule of law,it has become the consensus of the theory and practice that,the specification for the administrative discretion exercised from the power of the executive itself,to prevent the arbitrary abuse of individual rights and excessive compression of personal space from the administrative discretion.The establish job boom of current administrative discretion benchmark is a true reflection of this understanding.But the existing administrative discretion benchmark generated model is not perfect,which has restricted the administrative discretion benchmark for further development and promotion.This article starts with the concept of administrative discretion benchmark generated model,summarizes the existing problems of administrative discretion benchmark generated model.Proposed to administrative discretion benchmark generated model as a system engineering construction,Hard System Methodology(HSM)is introduced to support the improvement of the administrative discretion benchmark generation model.Part I Administrative discretion benchmark generated model basic theoryThis part focus on the concept of administrative discretion,administrative discretion benchmark,and administrative discretion benchmark generated model,analysis generate model with similar concepts and the necessity of perfecting administrative discretion benchmark generated model,which is the starting point of this article,and is the basis to probe administrative discretion benchmark generated model improvement.Part II The present situation and existing problems of the administrative discretion benchmark generated modelThis part studies the theoretical basis of three administrative discretion benchmark generated models proposed by the theory or practice in our country-self generated model,public participation generated model and interaction between administration and public generated model,analyzes administrative discretion system construction achievements and problems with the existing generated model.,It's reasonable to be considered that take the construction of the administrative discretion benchmark generated model as a system engineering based on the above analysis,and introduced HSM into a better administrative discretion benchmark generated model.PART III The relevant elements of improvement of administrative discretion benchmark generated modelThis part focuses on the improvement of formulation principle,maker,scope,making technology and supporting system in the administrative discretion benchmark generation model.The important reason for imperfect administrative discretion benchmark generated model is understanding unclear,ill-defined and the use of non-standard among the containing elements.It is helpful for reconstruction of administrative discretion benchmark generated model by further clarifying the containing elements.PART IV The administrative discretion benchmark generated model reconstructionThis part is to improve administrative discretion benchmark generated model with HSM.It is supposed to reconstruct administrative discretion benchmark generated model process from time dimension,logic dimension and knowledge dimension in HSM.The part provides a solution for the existing problem in administrative discretion benchmark generated model.Hopefully to provide a idea to improve administrative discretion benchmark generated model and to certain theoretical and practical significance for administrative discretion benchmark construction development in China.