Exploration On The Legal Regulation Of The Administrative Discretion In China

Modern administrative law involves a wide range and complex problems, more and more administrative affairs need administrative organs' flexible processing. In order to accomplish effective administration, administrative organ has been granted some discretion by statute. Administrative discretion is widely exercised. However, like other powers, Administrative discretion is monopoly,expansionary and exclusive. As a power widespread exists through the Administrative Enforcement of Law, Administrative discretion may be misused and lead to serious harm. Therefore, when Administrative discretion is granted in modern legal states, how to control the power is researched at the same time, in order to avoid its harm to the legitimate rights and interests of citizens and public interests, and achieve social justice finally. This article is for the purpose. In China, administrative organs have extensive administrative discretion because of the widespread administrative behavior. Although it guarantees rapid and efficient administrative management, administrative discretion is more and more seriously misused. This article pays special attention to curb the continued deterioration of this situation. Consequently the key issue I focus on is how to regulate the execution of the administrative discretion, including consummating Administrative Legislation, perfecting judicial review, clearing identity of Administrative Subject for Law Enforcement, improving procedures that administrative organs should follow in execution of administrative discretion, and strengthening construction of the hearing procedure.This article is divided into three parts besides introduction and epilogue, of more than thirty thousand words.