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and Interpretation,,Value,Direction,and,Rules,Deduction

发布时间:2019-06-28 03:55:29 影响了:

  Abstract: The justice was achieved in one case how to prevent the arbitrariness in the administrative discretion. It becomes current hot spot and core in practices of the social management and administrative. Based on the concept’s interpretation, value direction and rule deduction of the administrative discretion standard that are standardized the existing discretion power and as compact as possible the space of the existing discretion power, we study on its pathway. And it is pointed out that it is applied to dealing with the power’s structure between individuals and societies on the micro side.
  Key words: Administrative discretion standard, the justice of individual case,Concept’s interpretation,Value direction,Rule deduction.
  1 Introduction
  The justice was achieved in one case how to prevent the arbitrariness in the administrative discretion. It becomes current hot spot and core in the practices of the social management and administrative. All areas in our living world must be monitored in the law-ruled society. In this situation, the administrative discretion standard as a means that control administrative discretion emerge as the times require. It can be used to standardize the existing discretion power and as compact as possible the space of the existing discretion power. Laying down the administrative discretion standard, the executive authorities is as a framer that have “expert knowlege” and have secondary legislative powers, they should hold availably the pathway of “the concept’s interpretation, the value direction and rules deduction” of the administrative discretion standard.
  2 The emergence and concept’s interpretation of the administrative discretion standard
  What is the administrative discretion standard? In view of the form, it is to standardize the detailed standards of law enforcement in the administrative discretion’s enforcement. It is the general normative documents as the carrier, and is the program, common, relatively uniform primary standard, rather than the personalized, experiential or even random decision of law enforcement officers. From the content, it is as a medium or bridge for communication between abstract law and specific facts, and is more nearly the “secondary legislation”, “Subordinate legislation”, “administrative legislation” in order to implement the law. Its range of effectiveness may only be involve into a microcosmic administrative areas, and only be defined within a certain administrative region and a certain administrative departments.[1] It is not difficult to summarize that the administrative discretion standard refers to which is based on the legislative intention and discretionary authorization, under the guidance of certain objective value, that the executive authorities as subject did not provide the complete standard that required in dealing with the specific administrative cases in the laws and regulations of the social and administrative management, it is the administrative case judgment standard mainly presented in form of the normative documents and other, combined with law enforcement experience. in the normative documents and other.

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