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Research on the Effectiveness of Administrative Discretion Standard to Functionalism Perspective

Author: YuZuo
Tutor: ZhangXinQuan
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative discretion Discretion benchmark Effectiveness
CLC: D912.1
Type: Master's thesis
Year: 2010
Downloads: 137
Quote: 2
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Abstract

British administrative law sociologist Wade once said: \In the strict implementation of the Rule of Law, the existence of discretion is a great challenge to the rule of law, it should be discretionary strictly binding. The same time, discretionary benchmark the extraterritorial's administrative law as an internal administrative rules of the acts of administrative discretion to provide an internal reference, but there are also a growing number of scholars have begun to recognize the external validity under certain conditions. Within some areas combined with local conditions to develop appropriate discretion benchmark \However, within the discretionary benchmark, and extraterritorial discretion benchmark has not called on two different, but they may not be consistent in content and effectiveness. This paper is committed within the discretion benchmark efficacy studies, combined with extra-territorial (mainly in countries such as Germany and Japan) discretion benchmark system, integrated use of comparative analysis, empirical analysis and other techniques, the effectiveness of the system construction problems pointed out in our discretionary basis, I hope judicial practices and law enforcement practice has a certain benefit. This paper is divided into three parts elaborated: the first part is a basic understanding of discretionary basis. Of this section is to solve the discretion of the theoretical basis of the benchmarking study, including the basic question of administrative discretion, the connotation and extension of discretionary basis, as well as the question of legitimacy of its existence. The aim of this part of the discussion to do a single view, on the background of discretionary basis within and outside the benchmark background understanding of discretion and discretion benchmark characteristics after its effectiveness for further study. The second part is the main part of the paper focuses on the effectiveness of discretionary basis. Part through empirical analysis within existing discretionary benchmark on a discretionary basis function classification, the effectiveness of the scope, effectiveness level, and based on the validity of. Its focus on the impact of discretionary basis the effectiveness of the scope of administrative law enforcement and the administration of justice, different from the extraterritorial discretionary basis, within the discretion benchmark rooted in grassroots administrative law enforcement practice, you can not deny that the external effect. The third part is a discretionary benchmark the effectiveness of practical thinking and exploration. The conditions of this section is to solve the need to have the elements of discretion benchmark to use in practice, and the Plaza de discretionary basis to make administrative behavior, in addition, that part of the oversight mechanisms for discretionary basis made some exploration.

Research on the Effectiveness of Administrative Discretion Standard to Functionalism Perspective

Abstract

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