2005The Study of Social Public SecurityRequires access

Administrative Justice: Procedural Control on Power of Administrative Discretion

Zhong Fang

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Abstract

Power of administrative discretion is the core of administrative power. With the transform of government functions, it is pushed further out. However, it is necessary to control it because of its two-sided characteristics. Administrative procedure has its specific characteristics and especially, it is an equitable mechanism of fair and efficiency, which makes it significant to control the power of aeministrative discretion by procedure. The principle of administrative justice is the one to control the power of administrative discretion by procedures. Guided by the principle of administrative justice and in accordance with fair administrative procedures, the power of administrative discretion will enter into a legal administration society.

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What this paper is about

Power of administrative discretion is the core of administrative power. With the transform of government functions, it is pushed further out. However, it is necessary to control it because of its two-sided characteristics. Administrative procedure has its specific characteristics and especially, it is an equitable mechanism of fair and efficiency, which makes it significant to control the power of aeministrative discretion by procedure. The principle of administrative justice is the one to control the power of administrative discretion by procedures. Guided by the principle of administrative justice and in accordance with fair administrative procedures, the power of administrative discretion will enter into a legal administration society.

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Available abstract

Power of administrative discretion is the core of administrative power. With the transform of government functions, it is pushed further out. However, it is necessary to control it because of its two-sided characteristics. Administrative procedure has its specific characteristics and especially, it is an equitable mechanism of fair and efficiency, which makes it significant to control the power of aeministrative discretion by procedure. The principle of administrative justice is the one to control the power of administrative discretion by procedures. Guided by the principle of administrative justice and in accordance with fair administrative procedures, the power of administrative discretion will enter into a legal administration society.

Key concepts: Administrative discretion, Discretion, Administrative law, Economic Justice, Power (physics), Control (management), Administration (probate law), Business

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