On Exercise And Control Of The Discretionary Power Of Business Administration

The discretionary power of business administration is a kind of power that according to the objective of regislation, the principle of justness and rationality, which the business administration department estimates the qualification of administrative action, chooses the way and makes administrative decisions at liberty. The discretionary power of business administration widely exists in the course of the law execution of business administration. It is properly used dicrectly influences the administrated citizens' interests. However, the status of executing the discretionary power of business administration is unsatisfactory. Due to sorts of reasons, it is often overused. It becomes the most emergent problem for lots of administration departments including business administration department, which they use discretionary power reasonably, and exert its advantages and dwindle its disadvantages.Based on the practicality of the business administration of Ma'an Shan City, studies the exection and control of the discretionary power, this dissertation in order to provide useful reference to the standardization and legalization of the discretionary power of business administration, for accelerating the developement of business administration.This disstertation is divided into five parts. The first is introduction. The second is the signification and the pattern of the discretionary power of business administration. The third is the recent status of executing the discretionary power of business administration in China. The forth focuses on the necessity and the Countermeasures for controlling the power. The lastis to innovate a system for controlling the power------to establish a businessadministration precedent system.The Introduction mainly introduces the purpose which involved areas, recent study status, methods, ideas, and innovated thoughts.In the second part, it firstly explains the signification, the traits and the specific patterns of representation of the discretionary power of business administration according to relative theories. The patterns are classifed by course aspect and entity aspect. Thereby it embodies the essential attribute of this power as a kind of administrative power.In the third part, the recent status of executing the discretionary power of business administration in China is introduced, including two aspects: status and function, and the main problems. The problem mainly exists in overuse. For example, the overuse of the liberty of course included changing the sort of punishment at will, losing the fair and square in punishment extent, optional discretion executing the administration punishment decision, unexerting the discretionary power when it should be used. The "overuse" is not only caused by the power's own internal "freedom", but also other external causes: the imperfect of the legislation mechanism, the low qualification of the exective body and, external influences, etc.In the forth part, it explores the necessity and the Countermeasures of strengthen the control of this power on the base of its definition and the analysis on the recent stutas. The methods are mainly based on the traditonalpower control theory --- through "power controls power" control thediscretionary power of business administration from three aspects: legistration, justice and administration.In the last part, under the control of the "legistration, justice andadministration" system it shows the innovated system --- establishing theprecedent adminitrative system, a method of controlling the discretionary power from establishing system. In the system of business administration which established according to administrative levels system, internal system restriction has its unique function. The self-consciousness system and measures of the business administration department not only puts the legistration spirit into positive practice but also sets barrier for the justice control. It includes signification of the precedent adminitrative system, significance, and the feasibility, specific schemes of the execution and two points which should be noticed, guarantee of the system function.