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Standardization Research On The Formulation Of Administrative Discretion

Posted on:2020-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2416330590457544Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Standardizing administrative discretion is the important task of administrative law.It is the basic need to build a government under the rule of law and promote administration according to law.It is also the basic requirement for implementing the rule of law.The administrative discretion benchmark system has far-reaching significance for regulating administrative discretion.It realizes “case justice” by controlling and restraining the discretionary space granted by law,and how to scientifically and reasonably formulate the administrative discretion benchmark is particularly important.Based on the formulation of administrative discretion benchmarks,this paper analyzes the general principle issues of the administrative discretion benchmark system,and uses the discretionary benchmark texts of various places in the country as a model to illustrate the dilemmas in the formulation of China's administrative discretionary benchmark system,including administration.The discretion of the discretionary benchmark name,the complexity of the formulation of the subject and its authority,the confusion of the content,the lack of procedures,and the simplification of control techniques,etc.,and the legislative proposals that China should formulate the Interim Regulations on Administrative Discretion Benchmarks,which involves The guiding principles,principles and main contents of the Interim Regulations on Administrative Discretionary Benchmarks,and in the main content part of the current issues related to the formulation of China's administrative discretionary benchmarks,describe the formulation of various administrative discretionary benchmark systems one by one and in detail.Normalization See.
Keywords/Search Tags:Administrative rule of law, administrative discretion, discretion benchmark, principle of proportionality
PDF Full Text Request
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