The Research On Administrative Discretion Under The System Of Discretion Benchmark

The essence of administrative law is discretion.Administrative discretion is the power entrusted by law to administrative organs,and it is an essential and important means in administrative management.Meanwhile,standardizing administrative discretion is also the basic requirement of administration by law and reasonable administration.The base system of administrative discretion was born in China’s local practice,which follows the path of"practice first" and contains the formation mechanism of administrative self-control.According to the summary of law enforcement experience,the administrative organ divides the corresponding punishment categories according to different illegal situations,and reduces the administrative discretion to a smaller range of punishment categories.After more than ten years of practice,administrative discretion benchmark system has become an effective means to control administrative discretion,widely used.However,when it comes to law enforcement practice,the application of discretionary criteria is not as ideal as the system design.The author describe the J City in the municipal public health administrative penalty is the most common cause of action "is not filled in according to the provisions of medical records" in the punishment condition,using the research methods of data analysis,found that all penalties can strictly follow the discretion benchmark,but punishment amount convergence obviously,based on different individual and cannot be taken of the administrative discretion.The application of discretionary criteria has become rigid,and it is impossible to get rid of discretionary criteria.At the beginning of the design of the discretion benchmark is to control the abuse of administrative discretion.According to the data analysis done by the author,some administrative management areas have overcorrected administrative discretion--rigidity,which will eventually hinder the realization of individual case Justice.This article from the discretion benchmark comply with ease off two aspects to carry on the argument,combined with practical experience in a new Angle of view interpreted the discretion benchmark how should abide by to avoid go rigid end,how should ease off to prevent the fause of discretion benchmark trouble,for the administrative discretion standard provides certain theory reference and policy Suggestions.The characteristics of this thesis lie in the combination of theory and practice,and can sum up problems from practice,start to solve problems,so as to use theory to respond to problems.