On The Administrative Discretion

The topic of the article is 揙n Administration Unrestrained Umpirage ?the article is made up of 揋eneral Concepts about Administration Umrestrained Umpirage? 揑mproper Application of Administration unrestrained umpirage? and 揅ontrol of Administration unrestrained umpirage?three parts. The Administration unrestrained umpirage refers to the administrative unit having rights of free decision in the area stipulated by the laws and regulations,that is , it has the selection rights with respect to the area, ways, kinds and time limitation of the administrational behavior. The Administration unrestrained umpirage is an important component of the administrative power, it is also the most obvious and active of the administrative powers. It is necessary for the administrative unit to enhance its administrative efficiency, it allows the administrators evaluate all the situations, flexibly and actively when dealing with the administrative affairs. However, it is also a kind of power which must be controlled. Our country抯 administration law emerged very late, not enough research has been made into many theoretical fields. The Administration unrestrained umpirage is one example.ln recent years, heated debates about the Administration unrestrained umpirage have been taking place in the administrational law academic field, there are several schools of thought, but there isn抰 a consensus about these questions. In this article, the author expressed his superficial opinions about the arguments on the Administration unrestrained umpirage.Section 1:General concepts of administration unrestrained umpirageThis part includes discussion of four fields: I ,00ncepts and attributes of Administration unrestrained umpirage; 2, the necessity for the existence of the Administration unrestrained umpirage; 3,Categories of Administration unrestrained umpirage; 4, Rules of application of the Administration unrestrained umpirage.Section 2:Analysis of improper applications of administration unrestrained umpirageExplaining and defining of the conception of Improper application of Administration unrestrained umpirage, the author analysized itsfactors.The Improper application of administration umrestrained umpirage can be macro structure divided into illegal behavior and improper behavior. In the micro components include the forms of administrational ultravires, power and position abuse, and obvious unfairness etc..Section 3: Control of Administration umrestrained umpirageIn these days of administration according to the law, the Control of Administration unrestrained umpirage is more important than ever, it is very important to eradicate the corruption in administrative units. The author suggests the following supervision of the Control of Administration unrestrained umpirage.1, To complete the legislation, and establish a legislation control system, this is the basic method.2, To establish an internal control system, this is a necessary auxiliary ingredient.3, To complete and improve the judicial outer control system, this is the most powerful and effective method.