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On the legal supervision of administrative discretion

Author: YangWeiBo
Tutor: WangWei
School: Fudan University
Course: Legal
Keywords: Administrative Discretion Legal Supervision
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 141
Quote: 0
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Abstract


Administrative discretion, as a kind of administrative power operation mode, has become the core issue of modern administrative law. In practice, if the discretion is used properly, can achieve justice cases; while the use of misconduct will be the normal operation of the rule of law the legitimate rights and interests and relative cause great harm. Administration according to law not only requires the Chief of the main activities effectively in the administrative discretion of the dynamic role, but also called for the abuse of administrative discretion in the conduct of the necessary and reasonable control.As China’s economic development and social progress, the continuous expansion of executive power, while the abuse of discretion has become China’s administrative legal system needs to be addressed an important issue. In this paper, the definition of administrative discretion to start, through the discretion of the existence of administrative necessity and in China’s administrative discretion to conduct analysis of existing problems and to learn from the West Two Schools of administrative discretion of the regulation model, made in China should be legislative, executive, judicial three aspects of administrative discretionary power of legal regulation. China’s administrative discretion does not indicate a problem in the discretion of the existence of the executive is not necessary, on the contrary, administrative discretion plays an irreplaceable role. Thus, for China’s administrative discretion of the problems, we must deal fairly, the legislative, executive and judicial three kinds of regulatory mechanisms combine to form a more extensive and uniform administrative discretion and restraint mechanisms, in order to help on the strengthening of administration according to law, perform their administrative discretion in China’s administrative legal system in the active role.

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