Study On Administrative Discretion Power

The ideal state of exertion of administrative discretionary power should ensure the administrative activities flexible and also can effectively control the discretion. For this goal, the paper used the theoretical analysis, historical analysis, empirical analysis, value analysis and other analytical methods, from a multidisciplinary perspective, analyze the nature of the administrative discretion. The paper analyzes the operation of the discretionary power, and revealed the factors which influence the process, and apply in other areas' theories thinking on how to regulate the administrative discretion. On this basis, put forward a number of specific paths.First, this paper analyzes the concept of administrative discretion power from the view of Administrative Law, Economics and Administration. That should study administrative discretion power under the framework of the law and combine with multidisciplinary theories. On the basis of analysis of operating process of administrative discretion power and reference the traditional controlling theory, the theory of Ethics, Motivation Theory and the Theory of Communicative Action it puts forward to the methods to regulate administrative discretion power :(1) Constraints by the use of traditional methods of administrative purposes and the principle of Administrative Law;(2) Constraints by the Ethics;(3) Constraints by the effective incentive mechanism;(4) Constraints by agreement, promote consensus of administrative discretion power between administrative bodies through procedures bound, follow precedent and the reconciliation system.In this paper, the innovation is: (a) Use a new writing framework. (b) Apply the dialogue theory on the analysis of discretion, and highlight the role of the relative in the process of administrative discretion.