Research On Administrative Discretion Standard In China

Administration requires administrative discretion. The power of administrative discretion is inevitable which cannot refuse. And it must be executed. In the era of rapid development of legalization, regulate management and reasonable administration of controlling the executive power has become the core of administrative law.Administrative discretion standard, as exploration of regulating or controlling discretionary power, to a certain extent, overcame limitations of the traditional legislative and judicial control, which is a system innovation of the government legality. Administrative discretion standard, as an " explanatory administrative regulation", constrain the administrative private party indirectly through constraint administrative subject directly. But it is not a material impact on the court’s trial. The system of administrative discretion standard has made great progress of legal and social effect in practice in our country. But there are still problems for administrative discretion standard in practice,such as non-unifying subject, unscientific regulation technology, single consideration factor.This article will take examples from experience of foreign regulations or power controlling of administrative discretion, in angle of administrative discretion standard that is common in China’s practice. And it aims at the existed problem of administrative discretion standard, make suggestions on fundamental principles of administrative discretion standard and subject,procedure,public mechanism of system construction as well as related system construction.