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On the procedural control of administrative discretion

Author: FengJunBo
Tutor: WuPing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Administrative Discretion Program control Administration according to law
CLC: D915.4
Type: Master's thesis
Year: 2006
Downloads: 725
Quote: 9
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Abstract


Modern administrative law is in the Administrative Discretion continues to expand and continue to strengthen the control of administrative discretion in the process of development and improvement. Modern administration is characterized by the rapid expansion of executive powers since the 20th century, with the modern socio-economic and technological development, governmental organizations and the adjustment of social life and the purview of expanding, in all areas of social life almost all executive powers involved, an important performance of the executive powers is the administrative authority has a huge administrative discretion, which is the inevitable requirement of administrative efficiency, however, the rule of law and administrative rule of law and requires supervision and control of administrative discretion must be. Montesquieu once said that all the right people are prone to abuse of power, which is an experience immutable. People use the power of authority has been encountered where the boundaries will end. Administrative Discretion as the administrative power in the most active, most can not be reckoned one of the phenomena of power, more likely to cause autocratic and arbitrary, and must therefore be controlled. Administrative Discretion is not only difficult theoretical problems of the countries Administrative Law, but also the administrative authority in the management of public affairs must solve a practical problem. Therefore, in-depth study of administrative discretion, not only conducive to the content of the wealth of the basic principles of administrative law, improve the system of administrative law and to promote the development of administrative law, and for the maintenance of the legitimate rights and interests of the authority and protection of the executive authorities, administrative relative person has great practical significance and far-reaching historical significance. The preamble explains the purpose and feasibility of the topics I would share some reflections. The body of the first part of the introduction of the topic, theoretical preparation for the in-depth study of the paper, the meaning of administrative discretion, features and expressions, and the existence of an objective basis for theoretical explanations, and put forward their own views; Tracing the source, the main control of administrative discretion theoretical basis as well as the current academic discretion control study in several ways, the key part of the process control of administrative discretion unique value; Comparison Model, focusing on common law and civil law countries the administrative discretion of the theoretical results and program control system design, process control of administrative discretion to seek useful insights by reference and comparison of foreign advanced results ; the fourth part of the reflection reconstruction of profoundly reveals the exercise of administrative discretion problems

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Administrative Procedure Law
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