The Legal Regulation Of The Discretionary Administrative Decision-making

The discretionary administrative decision-making means the power that the leaders of the administrative organ, under the principles, purpose, spirit, scope and range which are defined by the law, deal with the social public affairs on the base of the objective reality and make flexible choices by their subjective judgments.This article begins with the concept of the discretionary administrative decision-making and analyzes the necessity of the discretionary administrative decision-making to the administrative decision-making process and also analyzes the unique inherent gegebenheit and political nature and the outward manifestation of its policy-oriented nature, which are different from other administrative decision-making behaviors. Besides, On this base, the article discusses the basic measures that the law regulate the discretionary administrative decision-making, which include the principles, scope and modalities. Then, on the basis of the analysis of the status quo of the legal regulation of the discretionary administrative decision-making, the article promotes some specific countermeasures to improve the legal regulation of the discretionary administrative decision-making. The countermeasures include using the post-audit to regulate the discretionary administrative decision-making by principles, substantive rights and procedures, and it also adds the regulation of the soft law into the supervisory review which will make sure the law can regulate the discretionary administrative decision-making effectively and promote the juridification of the discretionary administrative decision-making.