On The Application And Control Of Administrative Discretion

administrative discretion is the most active part in the administrative right. As an efficient society, administrative discretion should be allowed to exist. It must be used properly, or that will lead to its abuse, which will affect the authority and solemnity of law as well as the normal social order. To push on administration according to law and establish a legal society, it must be controlled effectively and guaranteed its proper use. The article analyzes its basic connotation, the rationality and necessity of its existence, point out objectively the reason for its abuse, the manifestation and harmfulness, also make a deep exploration and put forward the relevant countermeasures. To begin with the specific and abstract administrative actions, the article poses that it exists not only in specific administrative actions but also in abstract administrative actions, and expound in an all-round way the basic solutions to how to prevent its abuse in our country. On the aspect of administrative self-control, We must improve administrative supervision system of law, perform administrative supervision strictly and raise the quality of administrators. On the aspect of legal control, we must perfect the legal investigation style, extend the range of legal investigation and enlarge the scope of legal relief. Only through the comprehensive application of these aspects, we can govern effectively the abuse of administration discretion and form a fair, just, reasonable legal environment.