Fundamental Research on the Administrative Discretion Standard
Author(s)
Yang Yang*
Affiliation(s)
School of Politic Science and Public Management, Southwest University, Chongqing, China..
School of Politic Science and Public Management, Southwest University, Chongqing, China..
ABSTRACT
This paper describes a system for the analysis of the administrative discretion standard. Now, it is a new phenomenon in the practice of administrative law enforcement. We shall first briefly introduce fuzzy sets and related concepts of the administrative discretion standard, and then, we try to introduce the intrinsic value of its legitimacy. At the same time, the research standard of interpretation, procedure and “requirements-effect” are discussed based on the analysis through its content. From the above discussion, the conclusion can be reached that it is the power’s structure to deal with individuals and societies on the micro side.
This paper describes a system for the analysis of the administrative discretion standard. Now, it is a new phenomenon in the practice of administrative law enforcement. We shall first briefly introduce fuzzy sets and related concepts of the administrative discretion standard, and then, we try to introduce the intrinsic value of its legitimacy. At the same time, the research standard of interpretation, procedure and “requirements-effect” are discussed based on the analysis through its content. From the above discussion, the conclusion can be reached that it is the power’s structure to deal with individuals and societies on the micro side.
Cite this paper
Y. Yang, "Fundamental Research on the Administrative Discretion Standard," Beijing Law Review, Vol. 3 No. 3, 2012, pp. 128-132. doi: 10.4236/blr.2012.33017.
Y. Yang, "Fundamental Research on the Administrative Discretion Standard," Beijing Law Review, Vol. 3 No. 3, 2012, pp. 128-132. doi: 10.4236/blr.2012.33017.
References
[1] Q.-J. Lou, “Dealing with Prostitution Separation in Jinhua City,” Guangming Daily, February 2004. [2] L. Sossin and C. W. Smith, “Hard Choices and Soft Law: Ethical Codes, Policy Guidelines and the Role of Counts in Regulating Government,” Alberta Law Review, Vol. 40, 2003, pp. 867-893. [3] M.-Y. Wang, “French Administrative Law,” China University of Political Science and Law Press Ltd., Beijing, 1988. [4] H. Maurer (Germany) and Translated by W. Gao, “Administrative Law Introduction,” Law Press Ltd., Beijing, 2000. [5] L.-Y. Yu, “Walking between Norms and Rigid—Thoughts about the Practice of Administrative Discretion Standard in Jinhua District,” 3rd Edition, Tsinghua Law Ltd., Taiwan, 2008. [6] L. P. Liu, “Legal Daily: The Common Five Problems of All Kinds of Administrative Discretion Standard,” 2009. http://news.sohu.com/20091020/n267537618.shtml [7] K. C. Davis and Translated by H.-H. Bi,” Discretion Justice,” Commercial Press Ltd., Beijing, 2009. [8] T.-H. Wang, “The Problem about the Basic Theory of Discretion Standard,” Zhejiang Academic Journal, Hangzhou, 2006. [9] C. Y. Xie, “The Reply of Ministry of Public Security: Problem about Ceramic Knives into the Controlled Knives’ Management,” 2010. http://www.gongan.ningbo.gov.cn/004/008/43182.html [10] X. Zhang, “The public information network of Chongqing Municipal People’s Government: The Disposal Specification of Public Security Organs for the Common Policing Alert,” 2008. http://www.cq.gov.cn/subject/xzzfgg/zfdt/121229.html.
[1] Q.-J. Lou, “Dealing with Prostitution Separation in Jinhua City,” Guangming Daily, February 2004. [2] L. Sossin and C. W. Smith, “Hard Choices and Soft Law: Ethical Codes, Policy Guidelines and the Role of Counts in Regulating Government,” Alberta Law Review, Vol. 40, 2003, pp. 867-893. [3] M.-Y. Wang, “French Administrative Law,” China University of Political Science and Law Press Ltd., Beijing, 1988. [4] H. Maurer (Germany) and Translated by W. Gao, “Administrative Law Introduction,” Law Press Ltd., Beijing, 2000. [5] L.-Y. Yu, “Walking between Norms and Rigid—Thoughts about the Practice of Administrative Discretion Standard in Jinhua District,” 3rd Edition, Tsinghua Law Ltd., Taiwan, 2008. [6] L. P. Liu, “Legal Daily: The Common Five Problems of All Kinds of Administrative Discretion Standard,” 2009. http://news.sohu.com/20091020/n267537618.shtml [7] K. C. Davis and Translated by H.-H. Bi,” Discretion Justice,” Commercial Press Ltd., Beijing, 2009. [8] T.-H. Wang, “The Problem about the Basic Theory of Discretion Standard,” Zhejiang Academic Journal, Hangzhou, 2006. [9] C. Y. Xie, “The Reply of Ministry of Public Security: Problem about Ceramic Knives into the Controlled Knives’ Management,” 2010. http://www.gongan.ningbo.gov.cn/004/008/43182.html [10] X. Zhang, “The public information network of Chongqing Municipal People’s Government: The Disposal Specification of Public Security Organs for the Common Policing Alert,” 2008. http://www.cq.gov.cn/subject/xzzfgg/zfdt/121229.html.