On The Power Of Administrative Discretion

The administrative discretion is the core of the administrative power and themain form of its expression. The complexity of the administrative power makes theadministration discretion extensively exit in the field of the administration, andbecome important sign of the contemporary development administrative law too. Inorder to guarantee the administrative efficiency, to meet the needs of the modernadministration and to realize the administration of the state according to law, theadministrative discretion easily causes the abuse of the administrative discretion. Theabuse of the administrative discretion must infringed upon the legal rights andinterests of the opponents of the administrative person and then becomes the threadsto the administration of the state according to law. Therefore, the administrativediscretion must be controlled. The administrative discretion must be controlled. Themodern administration law is exactly developed in the process of the enlargement ofand the control of the administrative discretion.In order to prevent administrative discretion from being abused, all kinds oftreasure must be taken, which has been not only one of the important tasks of theadministrative law but the problem the administration needs to solve.This thesis takes the methods of the integration of the theories and the practice,and the comparatives analysis to analyze and study the control of the administrativediscretion. It contains four parts:The first part discussed the theories of the definition, character and theclassification of the administrative discretion.The second part analyzes the inevitability of the administrative discretion. Theauthor think: firstly, the development of economy is the foundation of the exist anddevelopment of administrative discretion;secondly, the enlargement of administrationis the premise of the exist and development of administrative discretion;thirdly, thelocalization of law is the impersonal factor;fourthly, f guaranteeing the efficiency,rapidness of the administration is the straight aim of the administrative discretion;finally, the actuality of our country is the real foundation of the exist and developmentof administrative discretion.The third part analyzes the need of control of the administrative discretion inChina. The author points out the needs of control of the administrative discretion frompossibility of the abuse,the reality of the abuse and the harm of the abuse of theadministrative discretion.In the light of the present situation and problems of the administrative discretion,the fourth part put forward three ideas: perfecting the administrative legislation,strengthening the administrative self-control, improving the judicial control in orderto perfect the design of it. However, the supervision and control is only the means butnot the end, whose essential aim is to bring the administrative discretion to full playand give impetus to the development of the rule by law in our country.I believe, the discussion about the power of administrative discretion in academiccircles has just begun, and the burden is heavy and the road is long, so I choose thisproposition as my postgraduate paper, the aim of which is to devote what I can to theresearch of the power of administrative discretion.