The Definition Of The Connotation Of Administrative Procedure Discretion And The Study Of Internal Regulation

In the current administrative law research,administrative discretion is considered to be an important issue in research.However,there are few scholars involved in the study of administrative procedural discretion.Especially in the definition of the discretion of administrative procedures and its regulation,there is little systematic and comprehensive research.In terms of connotation definition,it is first necessary to resolve the existence of administrative procedure discretion.Although the academic circles all agree with the existence of procedural discretion under the effect discretion,they do not agree with the existence of procedural discretion under the discretion of the ruling,and even only define the procedural discretion as the procedural discretion under the law.After in-depth discussion on the application process of the legal norms in the discretionary requirements,especially the relationship between the factual understanding and the procedural discretion,it is basically possible to determine the existence of the procedural discretion under the discretion,and the logical process behind the existence of the corresponding procedural discretion is basically equivalent.Discretionary logic in the process of application of the law when there is no explicit provision in the law.Therefore,it can be clearly determined that the administrative procedure discretion exists independently and is different from the discretion of the administrative subject to the entity.Of course,the process of proof of existence must be justified by justification.I have further proved that procedural discretion must exist through the requirements of building a service-oriented government,the characteristics of administrative discretion and the technical characteristics of development,administrative procedures,the characteristics of administrative procedures to regulate administrative power,and the openness of administrative procedures.Combined with the process of proof of procedure discretion and the basis of legitimacy,it can be concluded that the definition of procedural discretion must also fall within the structure of the administrative procedure itself.Only the clear structure can further explore where there will be discretion.Therefore,the two characteristics of the administrative procedure itself and the two characteristics of the administrative power will be diseussed separately to explore the self-structure of the administrative procedure,so as to farther clarify the content of the administrative procedure.In the following,the paper analyzes the discretionary content of administrative procedures and the practice of discretionary application of administrative procedures in China,and adheres to the idea of defining this connotation in depth and comprehensively.In terms of regulation,I am regulating from the perspective of internal regulation,that is,from the perspective of the discretion of administrative procedures within the administrative organs.This kind of regulation first needs to clarify the theoretical basis of internal regulation.By comparing the normative control mode and the functionalist construction mode,I believe that the latter is more in line with the needs of internal regulation,especially the discretionary benchmark system emphasized by the functionalist construction model.It refers to the entire process of administrative administrative discretion to construct a reasonable administrative procedure judgment.Of course,this model must also be subject to the control of legal principles.Therefore,through the principles of administrative statutory principles,administrative equilibriun,and procedural principles,we will specifically explore the dominance of functionalist construction models.In addition,the theoretical basis should also include administrative process theory.In the past,the theory centered on administrative behavior only defines the procedure as the statutory requirement of behavior,and does not discuss how to regulate it from the entire administrative process.Therefore,it is necessary to conduct corresponding regulation in the entire administrative process based on the guidance of this theory.Based on the guidance of the above theoretical basis,this paper constructs the application of the administrative process theory to regulate the administrative procedures,the application of administrative procedures,how to implement the statutory requirements,the establishment of the discretionary benchmark system,the application of administrative procedures under the premise of balancing all aspects of interests,and participation through expansion procedures.Regulate these aspects of the path to specifically explore how to regulate administrative procedures.