行政裁量基准制度分析.docxVIP

Abstract In modern society, discretion as typical characteristics of public administration, has been cornpletely penetrated into every corner of the field of administrative law. To a large extent，the central tasks of administrative law is resolved by the rule of law of administrative discretion problem. Background of moder n rule of law, with the adm in istrative discretionary administrative transformation and proliferation of discretionary standrd, increasingly becoming a widespread phenomenon and the innovation of administrative system of administrative law. It through relevant scope of discretion to exercise legal norms to flesh out explains that unifcrmity, to ensure discretion exercised by equality and openness- Investigate the justifiable basis of discretionary st andard, in addition to its own limited discreti on ary ran ge, preventi ng the Executive power abuses inherent in the expense of justice functions, directly from developme nt of the Western theory of restrictive lice rising. Discretion reference as an explanation of administrative rules, on the lower level the executive authorities and the civil service there are of course binding, and have good external effect, as a basis for administrative law enforcement. Specific to the prison administration, the estab]ishment of prison managenie nt discretion benchmark system for pri son administration according to law, improvjng equity, fairness and reasonabJeness of administrative acts, regulating the behavior of law enforcement, improve the quality of law enforcement, reduce administrative disputes is of great significanee. This article from the analysis of current situation and existing problems of Chinese prison work as a beg in ning, leads to the concept of administrative discretion. As societies become more progressive, inevitable requirement for buiIding the rule of law and administration according to law on Executive discretion prevailing issues for effective control, creating a discretionary datum. Fir