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On the Rational Regulation of Administrative Discretion

Author: GuanZuoHua
Tutor: NingLiCheng
School: Nanchang University
Course: Legal
Keywords: Administrative Discretion Administrative self- restraint The regulation of administrative discretion
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 80
Quote: 0
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Abstract


Administrative Discretion is the core content of the modern executive power is one of the important issues of the modern study of administrative law . The nature of administrative law require agencies to focus on civil rights, to control the abuse of executive power . Of administrative discretion to the executive the power to choose decision in the administrative process , the administrative body in dealing with administrative affairs own judgment , this subjective power can easily be abused . This power determines the specificity of the need to strengthen its monitoring and management . The first part of this article is the departure from the concept study of administrative discretion , summarizes its corresponding feature ; second part analyzes the necessity of the existence of administrative discretion , as well as the specific forms of abuse , the special requirements of both sides we take the necessary measures to reasonable regulation of administrative discretion ; the third part through the detailed analysis of the provincial government of Hunan Province administrative discretion regulations , proposed legislation effective way of monitoring regulatory administrative discretion experience for Establishing reasonable regulation of the national legislation of the administrative discretion of important guiding significance ; Section IV presents the regulatory administrative discretion other means , such as judicial control , administrative control , and social monitoring of administrative discretion to form a broader and unified control mechanism.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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