Analysis On The Formulation Of Administrative Discretion Standard

The administrative power of modern government is expanding day by day.How to control the discretionary power of administrative organs has become a modern practice.at the core of the study of politics and law,the efforts of the legislature,the judiciary and the administrative organs to control their power have never ceased.The benchmark of administrative discretion is precisely for the purpose of self-restraint,giving full play to its creativity,flexibility and compliance.administrative rules designed to limit discretionary space are formulated along the path of rule-based approach.The benchmark of administrative discretion is administration.the concretization of the scope and scope of discretion in legal norms can effectively restrict the excessively broad lines reserved by legislation.governmental discretion,so as to achieve the justice of discretion.On this basis,it discusses the subject of setting administrative discretion benchmark and the establishment of its authority,as well as the administrative organs.The basis,origin and control technology for the establishment of administrative discretion benchmarks are proposed to be related to the existing theories at home and abroad.on the basis of a comprehensive analysis,this paper attempts to re-map innovative research.The first part is about the nature and function of the discretion standard.By analyzing the two viewpoints about the nature of the discretion standard,the author grasps the essential meaning of the discretion standard.Finally,the author expounds the function of the discretion standard and explains its practical and theoretical significance.finally,analyze the establishment mechanism of discretion standards from the aspects of self-discipline and heteronomy as well as social culture.The second part the article is the empirical analysis of the establishment of the discretion benchmark,which is an important chapter in this chapter.First of all,this article combs the realistic theory of discretion benchmark.Then,this paper selects 52 discretion benchmark texts above the municipal level in Zhejiang Province from the text name,content,the control technology of the discretion benchmark formulation and other aspects of inspection;then,through the summary of experience on the discretion benchmark formulation of the reasons for the dilemma are analyzed.The third part puts forward the optimization path of the establishment of administrative discretion benchmarks,which is one of the central contents of this paper.The construction of a legal system is a huge system engineering,how to sum up experience and lessons to better play the role of discretion benchmark,this part optimizes the formulation of discretion benchmark from the establishment of discretion benchmark authority,the mechanism of public participation and other procedures,the control technology of discretion benchmark.