The Study Of The Control Of Administrative Discretion

Administrative Discretion which runs through the operation of all administrative acts is often used by the administrative-legislation,administrative-Justice and administrative-enforcement. Administrative Discretion is the power which is basis on the executive with the laws and regulations of the administrative act. This paper argues that the positive meaning of the executive discretion are main features in follow aspects in our social transition:Firstly,inorder to improve administrative efficiency. the administration must act on social public affairs for effective management in the situation that law and regulations do not clearly defined when emergency events happen,.There are no reasons to shirk responsibility for that law or regulations do not provide grounds.Secondly, It is the behavior of the core values of administrative discretion to achieve the individual justice. Pursuit of a just law in general fair and specific events in the case just does not always consistent. Injustice in individual legal cases, which brought by universal legal can be corrected by administrative Discretion.Thirdly, The basic goal of Administrative Discretion keeps balance between efficiency and equity to overcome the limitations of law. The administrative discretion should achieve social justice to keep the two aspects in specific circumstances in equilibrium. However,the administrative discretion is the power that is easy to out of control. In the case of abuse of the administrative discretion,It should be harmed the legitimate rights and interests of "executive relative". Loss of control of administrative discretion mainly happen in the following areas:Beyond AdministrativeDiscretion,Abusing of administrative discretion and Administrative discretion of Injustice.The reasons,which causing loss of control of administrative discretionare is that imperfect laws regulations and supervision mechanism is not perfect,law enforcement officers lost performance quality.Inorder to prevent loss of control executive discretion,it is necessary to improve the legal control of administrative discretion such as In the legislation,authorities should improve the legislative system and strengthen the legislative interpretation and interpretation of the establishment ofadministrative guidance system; In justice, scope of judicial review and reform of the administrative proceedings in the jury system should be expanded. Enhancing the quality of education establishing and perfecting the relevant systems should be improved in the administration.