Dissertation
Dissertation > Political, legal > Legal > Chinese law > Administrative law

Rsearch on Discretion Standard of Labor Administrative Penalty

Author GuoXia
Tutor HuangXueXian
School Suzhou University
Course Legal
Keywords labor administrative penalty discretion standard
CLC D922.1
Type Master's thesis
Year 2011
Downloads 44
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The core of discretion control is to abolish unnecessary discretion and control necessary discretion. The discretion standard of labor administrative penalty measures is a concrete explanation of legal norms of discretion circumscription regarding related labor security. Besides, it is the essential intermediary between abstract labor legal norms and concrete facts. It is also the indispensable measures for labor administrative authority to exercise the discretion right. As nowadays theoretical researches emphasis more on practical field,this paper tries to figure out a method to complete its effective control by analyzing related problems about discretion standard in the field of labor laws. This paper clarifies the concept of discretion standard, believing that the labor administrative penalty discretion consists of two aspects: essential and effect. Essential includes the identification of facts, behavior subject and explanation of ambiguous legal concept. Effect includes whether to penalize, how to measure it and the how to measure its aging and procedure. By means of analyzing the discretion standard formulating background and the current condition,this paper puts forward the necessity of making administrative penalty discretion standard. After comparative analysis of division, measurement and other techniques,this paper brings forward a method to set up the labor administrative penalty discretion standard, integrating practical cases and experience. In addition, the paper clarifies the related problems of subject, legal effect, making technology,etc. Finally it offers a complete proposal after analyzing the legislative, judicatory and internal supervision of administrative penalty discretion standard. In practice we should recognize that it is not eliminating but exercising the discretion rationally that counts most in controlling labor administrative penalty discretion. Making its standard can eliminate the casualness of labor administrative penalization, restrain the rent-seeking and corruption of administrative rights, reinforce the justification of labor administrative penalty decisions and embodies consistency. Its aim is not to eliminate discretion, but to restrain the casualness of rights and improve the rationalization of measure standard via bringing in system and technology.

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