Discussion On The Free Administrative Judgment And Effective Supervision

The inevitable result that the right of judging amount freely of the administration is social historical development, is a very important power in administrative power, it is one of the key theoretical questions in the administrative law too. The meaning that this text judges quantity from the administration freely is set about, to including the necessity that the right of judging amount exists freely of the administration, possibility that the right of judging amount is abused freely of the administration, abuse administration cut out main shape to measure right freely, person who cut out theory and practice that right controlled relevant problems inclusive carry on discussion research freely to administration. Because administration person who cut out right store " free space " in freely, laws and regulations cut out freely administration restraint to measure right less, form comprehensive monitoring system, freedom capable reason of control measure of right of cutting out etc., administration person who cut out right often abused freely Its display form is as follows, abuse one's power, administrative penalty loses apparently just and delaying fulfilling the legal duty, considering relevant factors or not considering relevant factors etc. It traces it to its cause to be as follows, mainly The administration legislates incompletely; The quality of enforcer of administration is on the low side; The right control measure of the judging amount of freedom is not efficient; The administrative law-enforcing environment of our country, internal environment of the especially administrative law enforcement agency are complicated.