论行政自由裁量权-哲学(伦理学)专业论文.docxVIP

ABSTRACTAdministrative ABSTRACT Administrative discretion is one of the important parts of administration po℃ver． The government must CalTy out its function in a creative way in order to win efficiency．It faces ao_fIactuous conditions，SO it should have a kind of power of choice advisement and choice．That is administrative discretion when the power of choice conforms to law．There is subjectivity and motility in administrative discretion．but it does not mean administrative discretiorl deny role of law．The value of role of law is justice、equity and rationality,in form of normative codices， conformably,the value of administrative discretion is individual justice。 Administrative discretion throws itself into the breach when the individual justice needs protection．but law ignore in the same time．Administrative discretion sticks up for essential sense when law in disable．Accompanying with the prevalende of administrative discretion，the exercise of administrative discretion is one of the most difficult problems in the admL,fistration process in accordance with law,The characteristic of this power is containing human being’S subjectivity．This characteristic of power is easily to result in abuse．Through analyzing the inaccurate course of administrative discretion，the author realizes should distinguish the inaccuracy attached to legal principle or rational principle．When research in inaccurate course of administrative discretion，the author found out that‘misuse of authority’is only reason of inaccurate course uf administrative discretion in field of academe and judicature．‘Misuse of authority’is not an exact expression in law， therefore the author thinks the legislative should explain its meaning or take Other standard instead of it．Building a standard of rationality in administrative procedure law that is proposed．Rational standard encounters a choke point of legislative technique,which how to grasp it．The author conceives jury system could be initiated in administrative proc