Jurisprudential Analysis of the Second-order Structure of Discretion Benchmark
The high-level legislation in modern society is mainly a framework order,and the ad-ministrative organs enjoy the second-order discretion space when formulating and applying the discre-tion benchmark,which has the dual attributes of law formulation and law application.However,the norms of the superior law and the principles of the general law still have a framework binding force on this second-order discretion,so the unified principle of the discretion benchmark system is"the unity of administrative autonomy and legal restraint."This jurisprudence is not only the core essence of the rule of administrative discretion,but also the basic field of judicial supervision and law enforcement discre-tion reasons.Both administrative regulations and normative documents are carriers of China's discre-tionary benchmark,but at present,the normative documents are highly convergent,so it is appropriate to strengthen the legislation of local government regulations in the field of law enforcement in order to form a hierarchical discretionary benchmark system.
administrative discretiondiscretion benchmarkadministrative autonomylegal re-straintlocal government regulations
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