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The Research on Regulating the Discretion Standard of Administive Penalty

Author: LiXiaoLing
Tutor: HuangXueXian
School: Suzhou University
Course: Constitutional and Administrative Law
Keywords: administrative discretion administrative penalty administrative discretion standard standardized
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 413
Quote: 7
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Abstract


In the company of the reforming of discretion of regulating under modern background of rule of law, a great number of administrative discretion standards have emerged and become an innovatory system of administrative autonomy. This paper is based on the concept and the nature of administrative discretion in order to explore the existence of its theoretical basis. The constitutional principal of equality, the chief in real terms in the rule of law, and the administrative responsibility proved the legality origin of the administrative discretion. Discretion of the administrative penalty around the basis of the practice, analytice the function of the administrative discretion. This article has studied the practice of administrative discretion standard, and makes a critical thinking to the main body of setting administrative discretion standard, the scope of the application, the control technology and so on which is used to set up the system. The main function of the system is to prevent and to solve the question between the administrative discretion standard and the reality.

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