Administrative Discretion And Its Control

The Administration by Law is the only way to propel the socialist democratic construction and the legal state of socialism. It is a long-term strategic mission for the government at all levels. Wielding the power of discretion in administration reasonably is crucial to the Administration by Law. Only if the government perform the power rightly, can we gain the end of improving the abilities of administrative execution and upholding the rule of law. With the development of the society, the influence of the government is growing whereupon the power that the administration has is increasing, which is the trend of the development of modern administration. The power of discretion in administration makes the government initiative in the process of administrative execution. It is workable and efficient for administration. But seemed from the power itself ,the attribute-" freedom " make the abuse of the power of discretion in administration possible. The abuse of the power of discretion in administration is a big threat to realizing the rule of law in administration. As a result, we should restrict the power of discretion in administration in order to prevent the jobbery and the dictatorship of the officers. Based on defining the power of discretion in administration scientifically, the paper expanded why the power should be performed rightly and how to perform the power rightly at first. Then the paper dealt with some issues in reality, such as the officers did not exercise in line with the spirit of law, did not punish a man his due, did not fulfill their responsibilities in time. The paper explained the reason of the imperfection of the law and the regulations, the low quality of the officers, the imperfection of the supervision system as well. At last the paper did a deep research on the issues we talked above, especially in the internal area of how to make the civil servants set the notion of law, how to reinforce the construction of the professional ethics, how to strengthen the train to the civil servants, how to build the responsibility system of administrativeexecution as well as in the external area of how to reinforce the legislature, how to improve the quality of the legislature, how to perfect the supervision system of administrative execution.