Selected Papers of The Jurist (法学家), Volume 1
- Renmin Chinese Law Review: Selected Papers of The Jurist
Edited by Jichun Shi
Chapter 6: How to define the discretion standard in the administrative legal system from the perspective of administrative self-restraint
In the history of recent administrative law enforcement, the administrative organs bring about the self-restraint of discretionary power through the design of a regularized discretion standard. This standard has received attention from both academia and practitioners of administrative law in China. However, the theoretical inconsistency and diverse practice about how to define the discretionary standard practically in the administrative legal system has become a significant problem. This problem often prevents the effective functioning of the discretion standard and, thus, demands a prompt solution. Therefore, this article carries out a preliminary study of the theory of administrative self-restraint, defining amongst other issues its nature, function, and boundaries.
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