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| Discretion Legalization of Administrative Approval in Government Service Paradigm |
| AI Lin |
| Law School of Jilin University, Changchun, Jilin, 130012 |
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Abstract With the deepening of streamlining administration, delegation and transformation of government functions, the reform in administrative review and approval system which acts as a solely executed mechanism, has its marginal effect constantly reduced, thus a more systematic reform of “decentralization, administration and service” has been implemented on a full scale. In order to achieve the objectives of this reform, one of the key factors is to disassemble the specific statements of discretion of administrative approval. By doing so, the discretion of administrative approval can not only reflect the legitimate goodwill, but also follow the regulation of laws, and can then be further integrated into the administration service paradigm. The core of discretion with legitimate goodwill is to promote the government agencies and their staff to be more practical, responsible and innovative in exerting their power so as to deliver active services that are both principle-complying and flexible, standard but convenient, so that both public and private interest will be enhanced to add value to the administrative expectations. In other words, the discretion of administration approval in the administration service paradigm reflects the balance between legislation standard and service orientation, the unification of approvals by rules and transactions by needs, the legal rationality balancing substances and forms.
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Received: 07 April 2017
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2017, Vol. 34 
