Executive Power Abuse Problem Of Identification Research

The issue of the abuse of administrative power assertion is an important part of the theory of administrative power controlling ,and also the more controversy sector on the theory and practice. On the scope, connotations, the nature and the performance of the abuse of administrative power, that have not consistent understanding whether domestic or outside on the theory and practice departments . The abuse of administrative power at home assertion there is no practical application can be unified standards, Objectively, making the abuse of administrative power assertion cause confusion and thus to some extent encouraged the abuse of administrative power. From easy to abuse of administrative power on the theory, based on introducing the cause and effect relationship of the abuse of administrative power about the development trend in the modern state administration and the administrative power operation in China's transition time, and combinates the study on the theory and practice of the abuse of administrative power assertion in the typical countries of the common law system and the civil law system and the abuse of administrative power in China's history and current situation , in-depth analysis the scope ,the connotations, the nature and the performance of the abuse of administrative power, then proposed that a reasonable standard of abuse of administrative power and judicial system Practice should be concern. In addition to the full text of the introduction, is divided into three chapters:Chapter one discusses the formation mechanism of the abuse of administrative power. It is more vulnerable to abuse that On the administrative power than in other public power features, introduced the modern state in particular the expansion of administrative power discretion to the expansion of administrative power abuse has created more opportunities And analysis the transition of China's abuse of administrative power and the reasons for the performance. This chapter for the abuse of administrative power assertion establish an important theoretical basis.Chapter two study the theory and practice about the abuse of administrative power assertion on the typical countries of the common law system and the civil law system . Visited awareness of the connotation and performance on the abuse of administrative power in the countries.And visited importantly understanding and the use of the administrative dicretion and the principle of rationality .That is a an important reference value for the abuse of administrative power assertion.Chapter three interpretates the abuse of administrative power assertion. This chapter pointed out the existing problems that china's abuse of administrative power current assertion , combinated by comparative and analysis of the scope,the connotations ,the nature,and the standard of the abuse of administrative power on domestic and international .And propose solutions and strategies: Comprehensively understand the connotations, the nature of the abuse of administrative power, the abuse of administrative power reasonable definition of that range, according to the study in line of the will of the subjective and objective performance , construct the reasonable standard system.