On The Multi-Regulation Of The Administrative Discretion

Along with the development of society, discretion became the typical characteristic of public administration, and the executive was increasingly awarded more and more wider discretionary power. However, it's possible that the power can be abused. So how to govern the administrative discretion power effectively is much more a ambitious and difficult system engineering without question. Starting from the dynamic executive, the article researches in-depth on the administrative discretion power theoretical issues, and learns from the governance model of administrative discretion power in Anglo-American countries to propose the innovation and improvement for China's administrative discretion power governance measures, which is part of the focus of this article.The full is made of the introduction, body, conclusions, and the key parts are from the second part to the fifth part.The second part is the research on the basic issues of administrative discretion power. First, on the basis of comprehensive survey of the domestic and international definition of administrative discretion, the article clarifies the epitaxy and implications of the concept, and spuns off "uncertain legal concept" from it; then it classifies the administrative discretion power and interpretates the necessity of its existence.The third part is the analysis of the status quo of China's administrative discretion power regulatory. It mainly relates to the regulatory status of the executive, legislative and judicial aspects of China's current administrative discretion power and the existing problems in the operation of administrative discretion power.The fourth part studies on the management experience of administrative discretion power abroad. In (his part, it mainly studies on the development trend of the governance model of administrative discretion power in Anglo-American, which is the changes from a strict "rule of law doctrine" to the administrative "activism", so sum up the enlightenment to China. The fourth part studies on the improvement of multi-regulation specific system of China's administrative discretion power, which is the focus of this article. First of all, strengthening the administrative internal controls, including the effective improvement of internal monitoring system and administrative system procedures, and put forward that the executive authorities should refine law by formulating discretion criterion, so as to reduce the discretionary space and regulate discretion power; followed by strengthening the authority's monitor of the administrative discretion power from the perfect procedure legislation and reduction of the discretionary space; then followed by the monitor of the administrative discretion power from the perspective of judicial review, and it analysizes the feasibility, scope and standards of the judicial review of administrative discretion power, then appropriately introducing the reasonable review system of administrative discretion power form the perspective of expanding the cases cope, and analysising the judicial application functions of administrative principles to improve the judicial monitoring discretion of the administrative discretion power; Finally, it points out that the democratic public opinion is also an indispensable supervision channel.