On The Administrative Discretion Power

Along with the process of administrative system reform, administrative power becomes the focus of people's attention. And administration discretion power is one of the key components, attracting more attentions. The complexity of the administrative power makes the administration discretion extensively exit in the field of the administration, and become important sign of the contemporary development administrative law too. In order to guarantee the administrative efficiency, to meet the needs of the modern administration and to realize the administration of the state according to the law, the administrative discretion easily causes the abuse of the administrative discretion. The abuse of the administrative discretion must infringed upon the legal rights and interests of the opponents of the administrative person and then becomes the threads to the administration of the state according to the law. Administrative discretion power is a double-edged sword. Along with the development of the society, it becomes more and more important. In order to restrict the abuse of the administrative discretion power, the scholars do a lot of researches. The development and the regulation will coexist, which asks for a thorough understanding.The thesis includes five parts. In the first part, the author gives the basic theory of the administration discretion power, which is the preparation of the following parts. In the second part, the article analyzes the administrative discretion from three types of system. They are the relation of'the rule of law'and'the rule by man', the relation of 'public authority' and 'private right', the relation of'administrative power'and 'judicial power'. From the three types of system, it is easy for us to get the nature of administrative discretion power. The third part gives the operational process of the administrative discretion power combining case analysis, including the principle and procedure rule. The process of the administrative discretion power is the process that the administrative discretion power plays a role. The part can help us to find the moments when the administrative discretion power is abused. In the forth part, the article give the situations of the abuse of the administrative discretion power, combining the case analysis. The abuse of administrative discretion power is the negative effects of it. The purpose of the part is to regulate the administrative discretion and to protect the interests of administrative counterparts. The last part gives the measures of regulation of the administrative discretion power, which is necessary to make good use of the administrative discretion power.