On Morality Control Of Discretionary Discretion

Discretionary power is an inevitable administrative activity, which even exists in America with detailed laws. Many administrative jurists in the world once attempted to reject it in theory but failed. Discretionary power is more flexible and subjective. As a result, in this area morality is much more important than laws.The discretionary power is the core and the main form of the executive power, which are widespreadthroughout the areas of administration and management. However, because China's current administration according to law is still in the initial stage, and the characteristic of its own determines that thereare more issues requiring urgent solutions. The author discuss about the morality control of discretionary power. The article is divided into five interrelated componentsThe first part is about the definition of discretionary power. First of all, it puts forward the definitionof discretionary power on the basis of discussing the current situation at home and abroad. It is the way to estimate and solve problems according to your own comprehension. Then it elaborates the characteristic of discretionary power, which is with morality, conduction and laws. In the end it analyzesthe inevitability of discretionary power.The second part is about the inevitability, the feasibility and the importance of morality control ofdiscretionary power. In this part, the author elaborates the basis of morality control of discretionary power from the prospects of morality theory and practice, puts forward that morality is the core of discretionary power, and then analyzes the theory value and the practice value of discretionary power. Discussing this issue in theory is better to learn the importance of morality standards to discretionary power and guide the practice more effectively. And for practice, adding the morality standards into discretionary power is favorable to the transformation of the body of administration from execution negatively to estimation actively.The third part is divided into administrative discretion of the moral control of the main principles to be followed. The discretionary acts of a certain moral bottom line, the bottom line in the main body of the exercise of the right track, just and reasonable discretion, it must follow the principle of good faith and fair principle, the principle of equality and the principle of proportionality and moderate principles.The forth part is about the analysis of the problems and reasons of the morality control. The author based on China's administrative discretion of the status quo, as a result of detailed analysis of lowlevels of business executives, administrative staff moral deficiencies, the new and old structures of thetransition, the moral law, external forces and the discretion of the owners, the impact of factors such as object, The current administrative discretion of the Deviation and unfair.The fifth part is about the ways of morality control to discretionary power. This part puts forwardfive ways to perfect discretionary power in our country. First, strengthen the legislation of morality and administration. Second, set up the mechanism to estimate the morality. Third, perfect the monitormechanism of administrative morality. Forth, strengthen the education of administrative morality. Fifth,improve the self cultivation of administrative morality.