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Research On The Establishment Of Administrative Discretion Standard

Posted on:2018-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z C YeFull Text:PDF
GTID:2346330518969633Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative activities are closely related to our lives.It can be said that our daily life is affected by administrative activities.The administrative discretion exists widely in administrative activities,occupying a key position."To a large extent,it can be said that the administrative discretion is the life of modern public administration,just,according to the law to solve the issue of administrative discretion is the central task of administrative law”(1).The administrative discretionary basis is accompanied by the administrative discretion,which is developed by the administrative organ on the basis of the experience of law enforcement,which will affect the law enforcement activities of the administrative law enforcement personnel and the related rights and interests of the administrative counterparts.The widespread existence of administrative discretion is an indisputable fact,and it is in line with the concept of modern administrative rule of law,so on the one hand to scientifically and rationally strengthen the control of administrative discretion;On the other hand to maintain the administrative discretion of its role,to play its advantages and values.The administrative discretionary basis is a criterion for controlling the discretion of the executive discretion and the realization of the "justice of the case" by tailoring the technique and effect of the technique to the "basic principles of law" and "legislative purpose".I believe that the issue of administrative discretionary benchmarking is a coring problem about the administrative discretionary benchmarks.Therefore,this article is the object of study,which is based on the following structure.The first part is the introduction,the author through the reading of many literatures on the basis of analysis and thinking through the absorption of relevant lessons learned and introduce details of the domestic and foreign regulatory standards in the important theory,building a basic theoretical framework.The second part introduces the basic theoretical knowledge of the whole administrative discretionary benchmarking system.In fact,the main analysis is the summary of the administrative discretion of the contents of the benchmark,so as to detail the future of the discretionary basis for the development of this article to do the theoretical content of the pave the way.The third part analyzes the main body of the administrative discretionary basis and the content of the development of the content,which is divided into two parts: first,the administrative discretion of the benchmark who is to develop a more scientific and reasonable,that is,the subject and the content of authority;second,what kind of path derived from.The fourth part of the analysis of the basis for the establishment of administrative discretion,in fact,is the administrative discretion of the benchmark in the development process will take into account what factors,that is,what factors are affected.This part is one of the contents of this paper "backbone".The fifth part analyzes in detail the control technology needed to be used in the development of the administrative discretionary basis.This part is also one of the contents of the "backbone" of this paper,which is the focus and detailed introduction.Mainly divided into three parts: First,the plot of the refinement of technology;Second,the effect of the lattice technology;Third,the uncertainty of the legal concept of interpretation technology.
Keywords/Search Tags:power of administrative discretion, administrative discretion, justice of case, control Technology
PDF Full Text Request
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