Abuse And Regulation Of Administrative Discretion

Administrative discretion, is the administrative institutions and was granted in accordance with the law, administrative law enforcement officers in the disposal of the law does not have detailed regulations, administrative duties or use any of the provisions of, can according to the objective conditions, the spontaneous made free, fair and reasonable discretion. Since reform and opening up in China, with the increase of administrative tasks, massive expansion of administrative power, administrative discretion is also continuously strengthen and expand. Extensive exercise of right of discretion is the trend of. modern administrative law, to safeguard social problems, improve the administrative efficiency has a very important role. But along with the expansion of the discretionary power, the power control has become a hot problem in the contemporary. In this public power brings benefit to the society at the same time, it is not standard, not on the bright side and will harm the society, causes many negative impacts. If the abuse of discretionary power, hand will truculent, pernicious society.In China’s local governments, the local government’s basic administrative functions, and local governments in jurisdiction field more and more the increase of administrative affairs, discretion scope expanded, and the diversity of discretion means, and discretion the flexibility of time and place of requires extensive exercise of discretion. With the local characteristics of local government and its administrative personnel’s quality problems, and the characteristics of easy to abuse of administrative discretion, the abuse of discretionary power in the local government administrative execution is the high incidence of frequently, causing damage to the government’s credibility, damage the lawful rights and interests of administrative relative person, and negatively affect the social stability and so on the bad, and if China’s local governments are so big range to misuse their power, this damage is not only a place of social stability management, more threat to peace and stability of our country social rule, shake the foundation of the Chinese rule of law construction. So it is necessary to the local government to the discretion of the phenomenon of abuse of power, rules and regulations.In this paper, the author firstly the concept of administrative discretion to do a western view of a detailed list. Clear why need wide discretionary power in our country, also exactly need of the power regulation is put forward. The abuse of administrative discretion to the next research of broad, limited to local government abuse of administrative discretion. With typical local abuse of government power in our country, to analyze the abuse of administrative discretion. Second, the abuse of administrative discretionary power administrative execution is a dynamic process, so in this paper, from the practice of local government abuses of power, study. On the characteristics of local government, detailed lists all the behavior of the abuse of administrative power of local government, the consequences of abuse of administrative discretionary power. After analyzing the phenomenon, the cause of the abuse of discretion of local government make a comprehensive summary, mainly from two aspects of subjective and objective, carding reason. And thus to the local government administrative discretion to exercise the boundary problem of specification and regulation measures. Finally, the introduction of the flexible concept of law enforcement and humanization law enforcement idea, in the hope of administrative execution behavior of local government and its officials have reasonable guidance, its law enforcement and administrative ethics thought to play an effective education. Then, under the guidance of these two kinds of law enforcement concept, put forward the specific regulation of local government administrative discretion measures, through the internal and external supervision of rules and regulations, local government and to regulate the exercise of power, in the hope of local government administrative discretion reasonable and orderly running in the sun, to promote the prosperity and development of the local, to point to the surface, build a stable social situation as a whole.