On The Operation And Controlling Of Administration Discretional Power In China's Transformation Period

The essence of the administrative law is the discretion. The administration discretional power has both advantage and disadvantage. On the one hand, its existence helps the administrative organ act according to the reality in order to enhance the administrative efficiency. On the other hand, its wide usage may infringe upon the rights of the administrative relevant persons. As the construction of the administrative rule of law is relatively late in our country, it is of great significance for our country lacking in law tradition to standardize and control the administration discretional power and make its operation meet the needs of socialist market economy so as to serve the modernization better in the course of transformation period.The author of this paper first expounds the basic theories of the administration discretional power. Then he analyses the political, economical, cultural and legal background of its operation in China's transformation period on the basis of administrative laws and regulations issued and enforced by our country. Furthermore, he summarizes the outstanding issues existing in the operation of China's administration discretional power and puts forward some suggestions on how to standardize and control the administration discretional power in the transformation period.The creative achievements of this research are the following. First, integrating some specific cases and administrative laws and regulations, the author, in the perspective of practice, studies the administration discretional power and tries to solve the practical problems. Second, integrating the tradition and reality of China and making some comparative study with western countries, he analyses the characteristicsof the political, economical, cultural and legal background in the administration discretional power operation in China's transformation period. Third, according to the features and existing problems in the transformation period, he systematically demonstrates the practical approaches of standardizing and controlling the administration discretional power and constructs an integrating, solid, opening and supervisory mode.