Rule Of Rule In Administrative Discretion:Administrative Discretionary Benchmarking System

The first chapter,from the concept of administrative discretion,as the main content of the operation of the executive,it runs through the entire administrative process,all over the administrative act in all areas.The core of which is the freedom of judgment and choice owned by the administrative subject.The initiative of administrative discretion leads to its characteristic of moderately rule by man,which must be regulated to ensure the benign operation of executive power.How to regulate the administrative discretion of the administrative organs and their staff is not only a core issue of administrative law,but also a key problem to be solved in the reform of administrative law enforcement system under the background of the current rule of law.The current mode of administrative discretion includes the model of legislative regulation,the model of judicial regulation and the model of "rule by law",which is represented by administrative discretionary benchmarking system.The second chapter introduces the basic theory of administrative discretionary benchmarking system.The administrative discretion benchmark has the function of administrative self-control.For administrative law enforcement personnel,the administrative discretionary benchmarks provide the guiding operational criteria for administrative law enforcement activities.For the administrative relative,the administrative discretion benchmark fully explain the reasons for the exercise of statutory power,so that the relative clearly understand the administrative procedures.For the administrative authorities,the administrative discretionary standard as the internal administrative rules of the discretion,can increase the transparency of government administration,create a rational government image.The third chapter is the main innovation of this paper,involving an empirical analysis of administrative discretion.The author chooses a number of administrative discretionary benchmark text in Jiangsu province as the object of study,and analyzes the problems such as the name of the benchmark,the domain involved,the main body,the text content and the regulation technology.Through the combing and comparison of these benchmark texts from different law enforcement fields,we can see the common problems in the process of the administrative discretion benchmarking system.In the fourth chapter,the author puts forward the optimal construction path of the administrative discretionary benchmarking system according to the existing problems and imperfections of the administrative discretionary benchmarking system.The development of administrative discretionary benchmarks requires the integration of the experience of front-line law enforcement agencies,public policy and administrative practice considerations,and professional interpretation of uncertain legal concepts.Idealized administrative discretionary benchmarks,it is necessary to regulate the practice of the existence of too broad discretion,but also to avoid too narrow because the discretionary power and bound the initiative of the executive.It is necessary to abide by the principle of penalty,the principle of fair punishment,the principle of comprehensive judgment and so on.The main body of the formulation of administrative discretionary benchmarks should be both experienced and capable of regulating the exercise of administrative discretion,and there is a need for administrative discretionary benchmarks in enforcement,while at the same time avoiding inconsistency in the discretionary benchmarks Administrative organs.The technical construction of administrative discretionary benchmarks includes detailed plot,division of grid,interpretation of uncertain legal concepts and mathematical formulas.The procedure of making administrative discretionary benchmarks mainly includes open system and limited public participation system.