Studies On Rational Controlling On Right Of Administrative Discretion

Right of administrative discretion is one of the important parts of power of administration since 20th century. It is the necessary right for administrative organs to improve efficiency. But the abuse of administrative free decisive right is one of the main expressions of abuse of administrative right, it will lead to corrupt. The present administrative law is developing with the expanding and controlling of administrative discretion. How to reasonably control this power? This paper starts from this problem and has three parts to analyse it.The first part: basic theory of right of administrative discretion including its concept, classification, principia and so on. The second part: enumerate the main problems when the right of administrative discretion is being exercised and account for why should we control the right. The third part: through the comparative research on the supervision—control mechanism of the right of administrative discretion, demonstrates they are useful to our practice. The author proposes four ideas: perfecting the administrative legislation; reasonably control its proceeding; improving the judicial control; strengthening the administrative self control in order to perfect the design of it. Finally the author gives some good advices to our country's practice.