Concerning The Power Of Administrative Discretion And Its Legal Supervision

The power of administrative discretion is the most active part and essential ingredient of administrative power. As "a heart of matter of administrative power", the power of administrative discretion is "the focal and difficult point of administrative power". As a society with efficiency, it is necessary for the power of administrative discretion to exist. The power of administrative discretion should be applied reasonably or else the power will be abused which will affect the authoritativeness and earnestness of law and normal public order. It is essential to control the power of administrative discretion efficiently and ensure the fair performance of the power so as to promote administration according to law and to build a society under the rule of law. This thesis comprehensively analyses the basic contents of the power of administrative discretion and states the essence of the existing of the power of administrative discretion. It proves that rational administrative principle is the basic principle of performance of the power of administrative discretion. The abuse of the power of administrative discretion is sure to cause the violation of legislation rights of administration relative person and also cause the threat of administration according to law. Therefore, it is necessary to strengthen the control of the power of administrative discretion. Modern administrative law is developed in the process of consistent enlargement and strengthening of the power of administrative discretion. The power of administrative discretion should be controlled by various methods. Finally, the control of the power of administrative discretion should take administrative person as the heart and regard the combination of external control and internal control as the means so as to supervise the power of administrative discretion comprehensively and efficiently, to strengthen the administration according to law and to realize the set strategy of the establishment of a country under the rule of law.