Discussing About Discretion Of The City Planning Of Administrative Licensing To Prevent And Control

Quintessence of administrative law depends on the discretion. Administrative discretion is a double edged-sword. On the one hand, the existence of administrative discretion makes for the administrative organs according to the actual situation to be taken best way and be improved the administrative efficiency. On the other hand, administrative discretion has been carried out already extensively, but it may infringe upon the legitimate rights of the relative person.The reform of Chinese administrative legal regime has just begun in recent years in China. During society transformation, it has practical significance for our country that is lack of the completed legal system. Because it can regulate and control administrative discretion, meet the needs of the socialist market economy through operating the administrative discretion. All of these are better for serving socialist modernization drive.City planning, as the important part of propelling the modernization drive, has experienced frog-leaping development in the 20th century. You know, city planning is also related to the interests of the masses closely step by step. With the issue and execution of urban planning act of the P.R.C, the government provides a legal basis and gives the related department in charge of city planning administrative licensing discretion during the new period.So there are three important points in the following texts:How to use discretion for the department in charge of city planning.How to use the discretion legitimately, reasonably and efficiently for the administrative organ.Related to the interest of person, there is whether can be affected by the administrative licensing discretion or not.From the basic theories of administrative discretion, analyzing the basic situation of the administrative discretion is based on the china's administrative laws and regulations in a period of the social transition. Of course, there are some prominent problems about operating administrative discretion.We will analyze the application of adding elevators from the public in Guangzhou through the case of administrative licensing. In return, we will put forward some ideas on regulating and controlling the administrative discretion during social transformation in main body.