On The Aberration Of Adimistrative Discretion And Its Control

The research on administrative discretion is one of the core and very practical subjects on administrative law and the administration reformation. Since the 20'h century, with the expanding of administrative power, administrative discretion has become a very important component of administrative power, Even following thesis say "Administrative discretion is dominated by the rule of the terms". China is undergoing a period of social transformation, offices thus wield great power over the everyday lives of citizens as well as taking many decisions vital to the life of the nation. It is most important to ensure that that power is not abuse but is fairly exercised.In recent years furious controversy on supervision of this power has been under way in circle of administrative departments, but no agreement has been reached, and there are many misunderstanding on the concept of administrative discretion. So, firstly, the article will clarify the concept of administrative discretion based on inspecting the existing studies of China's administrative discretion. Secondly, the article will recognize the universality and necessity by comparing the changes of administrative power in the Chinese social transformation. Thirdly, the article will make a thorough analysis the manifestations and causes of aberrant administrative discretion. Finally, through the analysis of the related research results made in other nations, and the experience of legal control over administrative discretion, the present paper puts its focus on the study of these aspects such as the present condition problem of administrative discretion and also legal control, on the basis of the principle of reasonableness, through the comparative research on the supervision-control mechanism of the administrative discretion, in the light of the present situation and problems of the administrative discretion, this article will put forward three ideas: perfecting the administrative legislation, strengthening the process of administrative law, improving the judicial control in order to perfect the design of it.