On The Establishment Of Administrative Discretionary Standards

In recent years,in addition to the traditional mode of external control discretionary power,the mode of self-control discretionary power from the internal organs of the administrative organs has been gradually invented,which is presented in the form of administrative discretion in China.China's discretionary benchmark system is based on the premise of the voluntary self-regulation of the executive authorities,and it is highly refined and summarized through a large number of practical experience and administrative practices.Further refinement of the authorization provisions in the administrative legal norms,and then form a refined discretionary standard.Discretion benchmark,as a link between legal norms and case facts,not only can restrain the enforcement of the role of discretion in the case,but also protect the case justice and safeguard the practical needs of citizens' rights.Although the discretionary benchmark system has been developed and perfected in China for more than ten years,it still has some problems in terms of theoretical basis and formulation.These issues still require people to pay attention to and solve.This paper takes administrative discretion benchmark as the research object.The first part introduces the related issues of administrative discretion and the concept,nature and effectiveness of the standard of administrative discretion.The second part clarifies the rationality of the existence of the administrative discretion benchmark.By sorting out the current views on the discretionary benchmark,it demonstrates the rationality of the discretionary benchmark from the aspects of formulating power and formulating content,controlling methods and practical application.The third part introduces the problems existing in the establishment of the discretion benchmark,and analyzes the main body,the content and the procedure of the discretion standard.The fourth part puts forward the corresponding suggestions on perfecting the formulation of discretion benchmark,starting with the corresponding principles to be followed,clarifying the main body and obligation of formulation,perfecting the control technology,escape clause and other formulation contents,and preparing for the formulation procedure.Formal formulation,public participation,openness,evaluation,revision and other procedures to improve recommendations.