On Administrative Discretionary Powers

This dissertation tries to answer four questions as follow :(1)what is the definition of administrative discretion from the angle of overlapping of different disciplines?(2)what is the boundary administrative discretion ?(3)how to regulate the exercise of administrative discretion from the angle of normative guidance?(4)how to construct a low transaction cost system used to control the administrative discretion ?The purpose of this dissertation is to set up a pluralistic system controlling the administrative discretion through analyzing the different parts of administrative course. Semantic analyses, comparative analyses, historical analyses, positive and valued-based analyses have been used for the purpose of target above.Chapter One: Introduction. Two parts are discussed mainly in this chapter, one is the status quo of administrative discretion in China, status quo is necessary for it presents a eye-bird's description of the ready research and provides a base for the further discussion. The contents of this part include the theoretical development and the governmental practice , based on the research on the political newspaper, theoretical works, essays, dissertation and the governmental practice. Another part discusses the relation among the new institutional economics, the public choice theory and the administrative discretion. Achieving mastery through a comprehensive study of the different subjects is the main concern of this dissertation.Chapter two The semantic analysis about the definition and the comparative research. The key question of this chapter is to make a research on the definition of administrative discretion from the overlapping of different disciplines. Based on the deference of academic community, a conclusion is drawn that the essence of discretion is the same as choice. Because choice and decision are same in meanings , then we can say discretion is decision. A formula expresses the relation among the three concepts: choice is decision, and discretion is choice, as a result, discretion is decision. Administrative discretion is Administrative decision-making, the course of Administrative discretion is just the course Administrative decision-making. Such a conclusion is helpful for us to understand better how this administrative"black box"runs internally and the style of research on administrative law would move from static state to dynamic state.