On The Administrative Discretion In The View Of The Rule By Law

Rule by law is the eternal topic in the long river of the human historic which has been accepted as the strategy of administering the state all over the world. From its historic evolution , we can have the deeper knowledge of the essential intension of modem rule by law and the key to realization of the rule by law in our country -government by laws. Due to the generality and extension in using all kinds of public power of the administrative power, the necessity of control and restraint over it appears obviously in the state based-law. However, the core of restraint of the administrative power is to control the most extensive and the day-to-day administrative discretion.The administrative discretion has its emerging and existing origin, which went through the process from the strict restraint to the reasonable control. And at the same time, this is the self -perfect course of the government by laws' ideal. The knowledge of the evolution of the relation between the rule by law and the administrative discretion is of advantage to make the implication of the administrative discretion appear clearly under the circumstance of the rule by law. And the realization of the good relation between them is the ideal pattern we are pursing. Setting up the supervision-control system of the administrative discretion is the best choice to realize harmonious unity of the impartiality and efficiency.Through the comparative research on the supervision-control mechanism of the administrative discretion, in the light of the present situation and problems of the administrative discretion, this article will put forward three ideas: perfecting the administrative legislation, strengthening the administrative self -control, improving the judicial control in order to perfect the design of it. However, the legal supervision-control, is only the means but not the end, whose essential aim is to bring the administrative discretion to full play and give impetus to the development of the rule by law in our country .