2010Journal of Hanshan Normal UniversityRequires access

On the Procedure Control Over Administrative Discretion Right

Fang Liu

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Abstract

The perpetuity of administrative discretion right means that the control over it is an everlasting problem.The traditional viewpoint on administrative law is that we should depend on the legislative power and the judicial power to supervise and control administrative discretion,and this is the best way.In real practice,though legislative control and judicial control play an important role,they are unable to do as much as we wish to.The appearance of the theory on administrative procedure control remedies the defect of legislative power and judicial power.We are sure that by combining administration with legislation and judicature,we can supervise the administrative discretion effectively and urge the administrative subjects to take measures in conformity with legal provisions.

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The perpetuity of administrative discretion right means that the control over it is an everlasting problem.The traditional viewpoint on administrative law is that we should depend on the legislative power and the judicial power to supervise and control administrative discretion,and this is the best way.In real practice,though legislative control and judicial control play an important role,they are unable to do as much as we wish to.The appearance of the theory on administrative procedure control remedies the defect of legislative power and judicial power.We are sure that by combining administration with legislation and judicature,we can supervise the administrative discretion effectively and urge the administrative subjects to take measures in conformity with legal provisions.

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Available abstract

The perpetuity of administrative discretion right means that the control over it is an everlasting problem.The traditional viewpoint on administrative law is that we should depend on the legislative power and the judicial power to supervise and control administrative discretion,and this is the best way.In real practice,though legislative control and judicial control play an important role,they are unable to do as much as we wish to.The appearance of the theory on administrative procedure control remedies the defect of legislative power and judicial power.We are sure that by combining administration with legislation and judicature,we can supervise the administrative discretion effectively and urge the administrative subjects to take measures in conformity with legal provisions.

Key concepts: Discretion, Legislature, Administrative discretion, Administrative law, Judicial discretion, Control (management), Perpetuity, Legislation

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