Research On The Binding Of Administrative Discretion Standard

In 2004,the Public Security Bureau of Zhejiang province of Jinhua formulated <the opinions on the implementation of the administrative penalty discretion standard system>,the introduction of this system has aroused great attention in the field of administrative law.The emergence of this system,is the result of grassroots law enforcement to adapt to the field of law enforcement to upgrade the conflict.With the system in the implementation and development strategy under the rule of law,it has attracted national attention in the China legal institutions.IN the Fourth Plenary Session of the Central Committee of the Communist Party of China(CPC),the eighteenth plenary meeting,has reported clearly to put forward to establish and perfect the administrative discretion benchmark system.At this point,the administrative discretion standard has become a national legal system construction.With the development of administrative discretion within the scope of national standard and implementation,we have achieved the corresponding results.At the same time,We also need to know in the formulating of administrative discretion standard,the application of measures is far behind,which directly reflected in the regulations on administrative discretion is not found by the law.The provisions of the normative documents only in the various provinces and cities.Apart from the effectiveness of these normative documents,the provisions on the discretion of the standard is not uniform,the practice varies from one place to another.It made the measures became a vague positioning and a rigid institutional authority.At the fifth session of the Twelfth National People's Congress on 2017,The Government work report further proposed to reduce the government's discretion,and perfect things in the post regulatory system.Therefore,this article focuses on limiting the discretion of the start,starting from the system to promote the control of administrative discretion.As an innovative management tool,the effective implementation of the administrative discretion standard depends on the elaboration of the theory,and the establishment of the system,and also the protection of the implementation,the channels of relief,the convergence of justice and so on.This paper aims at researching the discretion of the standard text,and theoretical analysis present research achievements.Based on the effectiveness of administrative discretion standard,this paper discusses the establishment of the system of administrative discretion standards and judicial review on the basis of the concept of validity.In the foundation of this,some suggestions are put forward.This paper is divided into four parts.It starts with a review on previous theoretical research on administrative discretion and judicial review as the first part.It then goes on with explaining the legitimacy of discretion standard system,from the perspectives of the legitimacy of the authority source and the effectiveness of power restraint respectively.The third part illustrates,in a broad sense,the "binding" of the discretion system,and puts forward suggestions on related institutional construction.The paper concludes with a discussion on judicial review of discretion standard and recommendations on how the courts do judicial review on discretion standard.