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The Regulation of the Administrative Discretional Power in China

Author: XuJiaLe
Tutor: QinLong
School: Dalian Maritime University
Course: Public Administration
Keywords: Administrative discretional power Maritime The rule of law Improvement Countermeasures
CLC: D922.1
Type: Master's thesis
Year: 2013
Downloads: 2
Quote: 0
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In recent years, with the further expansion of executive power, the administrative discretional power has received more and more attention. Administrative discretional power, as the core component of executive power and with the expanding field of its practice, has played a role in a lager and larger scope. It is of natural advantage to make up the legal system deficiencies and is indispensible in the modern legal society. It is a necessity for the modern rule of law and the strength for the government to realize its function. However, due to the motivation of relevant interests, the low personal qualities of the public servants and the quality limitations of the administrative counterpart staff, the phenomena that run counter to the spirit of the legislation emerges. The modern rule of law requires that administrative discretional power must be exercised within the scoping control of legislation. As for the theory of administrative discretional power control, the scholars assert that the study on legislative control, judicial control and social control is important, and its deepening research and keeping the use of administrative discretional power within limits are of the theoretical and practical value.The main contents of this thesis:the first chapter is the abstract, consisting of the purpose and significance of this research, the current study of this area from abroad and at home, the research contents and research methods, the points of innovation. The second chapter introduces the relative concepts and basic theories. The third chapter introduces the status quo of execution on the administrative discretional power, the problem existing in the execution and its relative causes.The fourth chapter introduces the execution and regulation of the administrative discretional power in the USA, England and Germany, puts the good doings into practice in China and brings us some countermeasures. The last is a summary of the execution of the administrative discretional power.

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