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Research On The Exercise Of Administrative Discretion In The Construction Field Of Yangzhou City

Posted on:2019-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:C Y XieFull Text:PDF
GTID:2436330545971054Subject:Public Administration
Abstract/Summary:PDF Full Text Request
At present,China's concept of the rule of law is in the ascendant,and the concept of the rule of law is still slowly forming and developing.In the context of China's unique historical conditions,China's social production relations rely on human intervention and regulation.Therefore,China's administrative power management issues are particularly prominent.The discretion of administrative discretion plays a crucial role in the flexible use of administrative power.If it is used properly,it will greatly increase the efficiency and effectiveness of administrative management.On the contrary,if administrative discretionary power is improperly used,it may cause confusion in the legal order and become It breeds a hotbed of corruption.The administrative subject combines the knowledge of administrative laws and regulations and morals,correctly exercises administrative discretion,and makes legal and reasonable administrative decisions on different administrative matters.On the one hand,it can give full play to the subjective initiative of the administrative subject,and on the other hand it helps To improve the efficiency of administrative management.With the improvement of the rule of law in the society and the improvement of people's awareness of the legal system,administrative subjects must also strictly comply with laws and regulations in dealing with administrative cases.Otherwise,they may lead to administrative reconsiderations,administrative lawsuits,and even the risk of violation of laws and regulations.Administrative discretion is inevitably encountered when dealing with administrative affairs.It is particularly important if it can be reasonably exercised.In actual work,the author finds that because of the complexity of administrative management in the construction field and other various reasons,the construction administrative subjects often face many problems when dealing with administrative cases.Therefore,whether the theoretical research results can be applied to practice,and the biggest factor to avoid all kinds of factors to interfere with the construction of administrative subjects to exercise administrative discretion,is an important indicator of the level of management of the administrative organs of construction in Yangzhou City and the strength of administrative capabilities.The Yangzhou City Construction Administrative Authority,on the basis of the"Administrative Discretionary Rules of Yangzhou City" promulgated by the Yangzhou City Government,studied and formulated corresponding administrative discretionary benchmarks and actively implemented them.At the same time,multi-level examination and approval,case handling,and disclosure of information are used to strengthen the supervision and control of administrative agencies using administrative discretionary benchmarks.However,in practice,there are still many problems.These problems affect the reasonable exercise of administrative discretionary power,which is manifested in the same case with different penalties,different duties and penalties,human factors interference,and imperfect legal supervision aspect.The resulting misuse of administrative discretion has also occurred from time to time,directly affecting the prestige and status of the building of administrative agencies in the minds of the people.At the same time,abuse of administrative discretion will also breed corruption issues,hinder social progress and the process of legalization.From the actual work,the author proposes five concepts to solve the above problems by introducing the concept and necessity of administrative discretionary power:First,to raise the legislative level of the legislature;Second,to implement the mutual supervision system of administrative subjects and administrative counterparts;Third,improve the administrative discretionary benchmarks and information disclosure.Fourth,improve the moral training of administrative law enforcement personnel and strengthen the on-the-job training of administrative law enforcement personnel.Fifth,improve the external review system of administrative discretion.The author hopes that through the above-mentioned methods,Yangzhou City's administrative organs can be more rationally exercised administrative discretion and will contribute to the construction of Yangzhou City.
Keywords/Search Tags:construction of administrative organs, administrative discretion, reasonable exercise, administrative discretion benchmark
PDF Full Text Request
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