Research On The Effects Of Administrative Discretion Benchmark

Power needs to be limited,administrative discretion is no exception,and the basis of administrative discretion is an effective means of controlling this power.In recent years,there has been a trend of blooming everywhere,and a large number of benchmark texts have been formulated and implemented nationwide.In practice,they have produced the desired results.However,through observation in practice,in the development and application process of administrative discretionary benchmarks in various regions,the supporting system construction is still lagging far behind the practical application.Among the many problems,the effectiveness of discretionary benchmarks bears the brunt of their effectiveness.It should have legitimacy and rationality,and should not exceed the scope of discretion granted by laws and regulations.The basis of discretion is to standardize administrative discretion,which is self-evident,consistent with the principles of administrative self-discipline,equality,and trust protection.The basic principles of administrative law constitute its effectiveness basis.The discretionary benchmark that enjoys both administrative self-control and rule attributes not only has an effect within the administrative agency system,but also has its effectiveness gradually externalized.The administrative discretionary benchmark has both internal and external dual effects.Discretionary benchmarks use internal autonomy within the administrative system,and have internal effectiveness based on superior and inferior orders and supervisory powers.The discretionary benchmarks formulated by higher authorities are binding on internal forces and the lower organs should strictly abide by the provisions of the benchmark text.However,when there are legitimate and justifiable reasons,the lower organs can deviate from the application of the discretionary benchmarks through legal procedures.The application of discretionary benchmarks has a further external effect by acting on administrative counterparts.Discretionary benchmarks are standards after the detailed quantification of laws and regulations.In administrative practice activities,administrative agencies must use legal discretionary benchmarks as the basis for their administrative activities.This affects the rights and obligations of relatives,and the legal on the effectiveness.The external effectiveness of the discretionary benchmark also includes the effectiveness of the court.In the judicial review,the discretionary benchmark cannot be used as the court's judgment basis.It can only be used as the basis of reasoning to strengthen the court's argumentation;the discretionary benchmark cannot be the subject of judicial review alone,and must be attached to the specific administrative actions based on it are subject to the court's indirect collateral review;in addition to examining the legitimacy of the discretionary benchmark,the review strength must be included in the scope of the review so that it can meet actual needs.In order to guarantee the effectiveness of discretionary benchmarks,in combination with China's actual situation and drawing on the useful experience of foreign countries,we have designed a system of effective rules for effective conflicts,improved the system of openness and public participation,introduced proportional principles,and established a complete mechanism for ensuring effectiveness.Improve our country's administrative discretionary benchmark system.