Youyong, Zhou --- "How to define the discretion standard in the administrative legal system from the perspective of administrative self-restraint" [2013] ELECD 700; in Shi, Jichun (ed), "Renmin Chinese Law Review" (Edward Elgar Publishing, 2013) 106

Book Title: Renmin Chinese Law Review

Editor(s): Shi, Jichun

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782544340

Section: Chapter 6

Section Title: How to define the discretion standard in the administrative legal system from the perspective of administrative self-restraint

Author(s): Youyong, Zhou

Number of pages: 27

Abstract/Description:

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.