Research On Laches Of Administrative Discretion

Administrative discretion laches is one of the key types of administrative discretion defects that belongs to the administrative entity.Due to the complexity of sources and the variety of forms,it is more harmful than other types of discretion defects.However,due to the neglect of this kind of defects in our academic circles for a long time,there is no systematic theoretical study on the problems related to discretion laches,and the corresponding legal provisions are also obviously absent.Therefore,this paper tries to sum up the concept of administrative discretion laches from the perspective of comparative method,and further analyzes the differences between the similar concepts.At the same time,the paper summarizes the characteristics of discretion laches and highlights the difference between discretion laches and discretion abuse through the relevant cases and examples.The article adopts the hierarchical system layout,and constructs the elements of administrative discretion idleness.These three parts form a tight and logical theory system of administrative discretion laches.However,it is incomplete to study the project only in the theory of law,the fundamental purpose of its research is to promote the transformation of theory to practice.Therefore,the last two parts of the article refines the harm of discretion idleness and the causes of laches,and on this basis puts forward the relevant recommendations on the governance of discretion laches.Especially in the aspect of judicial review,the paper points out the general direction of judicial review through the analysis of the space of judicial review and the application to the type of judgment.Finally,we should build a suitable local administrative law practice of the theory and practice of discretion system in the existing legal norms system of our country.