行政裁量基準(zhǔn)法律效力研究.pdf

1、行政裁量基準(zhǔn)法律效力研究 中文摘要 I 碩士專業(yè)學(xué)位論文 論文題目 行政裁量基準(zhǔn)法律效力研究 研 究 生 姓 名 盧歡 指導(dǎo)教師姓名 章志遠(yuǎn) 專 業(yè) 名 稱 法律碩士 研 究 方 向 行政法 論文提交日期 2012-9-28 行政裁量基準(zhǔn)法律效力研究 中文摘要 III Research on the legal effects of administrative discretion standard Abstract Discr

2、etion is the core of administrative law. In recent years, the administrative discretion standard became a major control technique of discretion throughout the country. With respect to discretion standard as part of admi

3、nistrative law, a large number of law practitioners and theorists are debating its effectiveness. This paper analyzes relevant domestic cases and focuses on the legal effects of administrative discretion standard in deta

4、ils. Discretion standard is based on two legal principles: Administrative abnegation and Reliance Interest Protection, which not only have legal impact on administrative agencies but also have relative binding force on a

5、dministrative personnel and court system. Under normal circumstances, the court, on the one hand, values the administrative agencies’ professional knowledge and common practice; on the other hand, the court also consider

6、s the case-by-case situations. Ultimately, the court often recognizes administrative discretion made by administrative agencies in accordance with administrative direction standard. Keywords: Administrative Discretion