Administrative Discretion and Legal Control
Ping Wang
Abstract
Ping Wang
Abstract
Administrative discretion,as the core areas of executive power,there is necessity and legitimacy of its existence,but there is the risk of abuse.Strengthen the control of administrative discretion is an important task of administrative law.In addition to statutory law(hard law) of control,control of soft law is also essential.Should guide the administrative discretion through the legislative intent and the legislative spirit;Through the legal norms of administrative discretion;bound by the administrative practice of administrative discretion;discretionary basis through the regulation of administrative discretion,in order to ensure the legitimate exercise of administrative discretion.
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Administrative discretion,as the core areas of executive power,there is necessity and legitimacy of its existence,but there is the risk of abuse.Strengthen the control of administrative discretion is an important task of administrative law.In addition to statutory law(hard law) of control,control of soft law is also essential.Should guide the administrative discretion through the legislative intent and the legislative spirit;Through the legal norms of administrative discretion;bound by the administrative practice of administrative discretion;discretionary basis through the regulation of administrative discretion,in order to ensure the legitimate exercise of administrative discretion.
Key concepts: Discretion, Administrative law, Administrative discretion, Judicial discretion, Statutory law, Legislature, Law, Legitimacy