Research on the Standard Effectiveness of Administrative Discretion

DOI

10.2991/ieesasm-17.2018.73How to use a DOI?

Keywords

administrative self-restraint; discretionary benchmark; binding force

Abstract

The criterion of discretion has always been the common concern of both theorists and practitioners in administrative law. Along with the growing prominence of the welfare society and the administrative countries, administrative discretion, as the "essence" of administrative law, has become an important topic in modern administration of the rule of law. The resulting benchmark. Administrative law enforcement officers in our country seem to be more willing to accept loose discretion, so the discretionary benchmarks are of great significance to the limitation of public power. The theoretical basis of the effectiveness of the discretionary benchmark is the principle of equality, the principle of administrative self-restraint and the protection of trust, and its validity reflects certain relativistic features. It not only has legal effect on the relatives, but also has certain binding force on the court. In general, the courts, to the extent that they recognize the discretion of administrative authorities for their knowledge, skills and habits, or because of their predictability, stability and equality with respect to government regulation, External validity.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xin Xu
PY  - 2018/01
DA  - 2018/01
TI  - Research on the Standard Effectiveness of Administrative Discretion
BT  - Proceedings of the 2017 5th International Education, Economics, Social Science, Arts, Sports and Management Engineering Conference (IEESASM 2017)
PB  - Atlantis Press
SP  - 355
EP  - 359
SN  - 2352-5398
UR  - https://doi.org/10.2991/ieesasm-17.2018.73
DO  - 10.2991/ieesasm-17.2018.73
ID  - Xu2018/01
ER  -