Research On The Establishment Of Administrative Discretion Benchmark

Administrative discretion is the core concept in administrative law,administrative discretion exists widely in the administrative field,even some scholars think that administrative discretion is the core of administrative power.Administrative activities are closely related to our daily life,and administrative discretion is widely found in administrative activities,which plays an important role.The benchmark of administrative discretion is closely related to the law enforcement of administrative subjects,and its formulation is based on the rich law enforcement experience of administrative organs and regulates its administrative discretion.Although the discretionary benchmark is not legislation,it has facts to the executive through the transformation of the principles of equal treatment,trust protection,fairness and justice On the binding force.In modern administrative law,the existence of administrative discretion benchmark is in line with the current concept of the rule of law,and also plays an indispensable role,and the administrative discretion benchmark to regulate the exercise of discretion in our administrative system has reached a consensus.Administrative discretion benchmark is based on the premise of "basic principles of law" and "legislative purpose ",according to the specific case and discretion to formulate technology,through the refinement of the plot and effect of the discretion benchmark lattice technology,regulation of administrative discretion,so as to achieve a rule of case justice.The administrative discretion benchmark mainly aims at the broadness of the upper discretion provision to carry on the plot refinement and the law enforcement result division processing,And through this form to restrict the administrative discretion of the administrative subject,in order to achieve the effect of fair and just law enforcement.This paper takes the establishment of the administrative discretion benchmark as the research object,through the research premise of the nature and concept of the discretion benchmark and the legitimacy of its existence,and then according to the analysis of the application of the discretion benchmark in practice,the conflict between theory and practice,find out the contradiction points,analyze the subject,name and control technology of the administrative organs to formulate the administrative discretion benchmark,and then map the innovative research on the basis of comprehensive analysis.The first part is the introduction,on the basis of collecting,reading and thinking on the literature of experts and scholars,the paper analyzes and summarizes the administrative discretion benchmark,absorbs the experience and draws lessons,and introduces in detail the problems existing in the domestic application of the administrative discretion benchmark.The second part introduces the concept definition and nature of administrative discretion benchmark in the academic field and the basic theory,the rules of discretion and the specific view of discretion discrimination,for the next content to lay a theoretical foundation.The third part mainly introduces the current situation and positive effect of administrative discretion benchmark,and analyzes and summarizes the case feedback and theoretical disputes in law enforcement practice,finds out the subject,name and technical problems in the formulation,and explains them.The fourth part mainly according to the problems raised in the previous part,and according to the suggestions of experts and scholars and personal thinking,based on the administrative discretion benchmark to formulate the existing problems as a starting point,combined with theory and case practice,to find out the corresponding solutions to the problems.