Study On The Theory Of Administrative Discretion And Its Applicatio

Administrative discretion is a vital power that law gives the administrative organ, it is the core member of the executive power. With the development of the economy and technology in modern society, government organizations expand the scope of adjusting the social life’s feature and power, and the administrative discretion enjoyed by the administrative authorities have increased. Thus, the modern administrative features a rapid expansion of executive power, the administrative organ has enormous discretion to the executive, their presence is necessary to improve administrative efficiency. However, to achieve administrative law, it must be a certain degree of control over administrative discretion. The abuse of administrative discretion violates the purpose and will authorized by law, interferes and destories the rule of law.The exercise and control of administrative discretion is a hot debate in the field of administrative law. Administrative discretion contraction is a theory to restrict administrative discretion and to judge the legitimacy of administrative discretion. Through the research on the root of administrative discretion arising and the cause of administrative discretion regulation, we can lay a foundation for the research of administrative discretion contraction theory. This theory is derived from the German administrative law, it is mainly suitable for the national compensation and imposed on compulsory litigation system, and since then, the Japanese administrative law has been its successor, it is also used in our country’s judicial practice. It admits the value of administrative discretion, and in certain case, it also reduces the administrative discretion to zero and makes the administrative discretion rights obligations. This kind of theory limits administrative cheaper doctrine in the reasonable scope, that is its rationality and vitality.