2009Zhongnan Linye Keji Daxue xuebaoRequires access

On the Administrative Discretion Control

Fei Liao

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Abstract

Administrative discretion of the executive power is an important part of the executive power.It is a necessary administrative means to size up the situation and to deal with our complicated administrative flexibility.Its proper use will certainly generates positive functions while its abuse will inevitably brings forth negative effects.Therefore,scientifically and firmly controlling the whole process of the formulation and application of the discretion of the administrative law enforcement is of great necessity.The discretion of the administrative law enforcement should be controlled from the legislative,judicial and administrative aspects.

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What this paper is about

Administrative discretion of the executive power is an important part of the executive power.It is a necessary administrative means to size up the situation and to deal with our complicated administrative flexibility.Its proper use will certainly generates positive functions while its abuse will inevitably brings forth negative effects.Therefore,scientifically and firmly controlling the whole process of the formulation and application of the discretion of the administrative law enforcement is of great necessity.The discretion of the administrative law enforcement should be controlled from the legislative,judicial and administrative aspects.

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Available abstract

Administrative discretion of the executive power is an important part of the executive power.It is a necessary administrative means to size up the situation and to deal with our complicated administrative flexibility.Its proper use will certainly generates positive functions while its abuse will inevitably brings forth negative effects.Therefore,scientifically and firmly controlling the whole process of the formulation and application of the discretion of the administrative law enforcement is of great necessity.The discretion of the administrative law enforcement should be controlled from the legislative,judicial and administrative aspects.

Key concepts: Discretion, Administrative law, Administrative discretion, Legislature, Flexibility (engineering), Judicial discretion, Enforcement, Executive power

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