行政裁量基准的技术范式研究

"裁量基准运动"在实践中开展得如火如荼,理论研究也日渐深入,在防止裁量滥用、构建裁量治理模式方面确实起到了很大的作用。但是,裁量基准能否在实践中真正发挥自己应有的作用和效能,在很大程度上还取决于其制定过程中能否合理地考量各种技术因素。因此,将客观的技术标准植入主观的裁量过程,对影响裁量基准制定的因素予以量化,规划研究它们对于合理估量裁量因素的正义层级,以求改进裁量基准制定技术、保证个案正义将大有裨益。

Technological Paradigm of Administrative Discretion Benchmark

As the campaign theoretical study is becoming inc of ＂administrative discretion benchmark＂ reasingly deep. The discretion benchmark being carried out prosperously, the has played a significant role in pre- vention of abuse of discretion and establishment of governance mode. However, in practice, whether the ad- ministrative discretion benchmark can play its due role and function depends to a large extent on consideration of various technical factors in formulating the benchmark. Therefore, it is suggested to insert objective techni- cal standards into the process of subjective discretion, to quantify the technical factors and to research their effects to evaluate justice levels for discretion factors. With that regards, the purpose is to improve the discre- tionary benchmarking technology so as to better ensure case - by - case justice.