On The Procedural Control Of Administrative Discretion

Modern administrative law comes into existence and is developedduring the process of gradual expansion and reinforcement ofadministrative freedom judgment rights. The respect of modernadministration is gradual expansion, Since the 20th century ,with thedevelopment of the society and the science ,the government's forcementbecomes more and more expansive. There are administrative force in everyfacts in the society. This is the most valuable fact for enhancing theadministrative right. But the administration law and the law also have somelimits on the administrative discretion. Montesquieu once said: It is easy tomisuse rights for anyone who owns it, which is acknowledged by mostpeople. And this kind of person use power until they meet the limit." Asone of the most active facts, administrative discretion has become a veryimportant component of administrative power and a significant sign of thedevelopment of contemporary administrative law.Enhancing judicial control over administrative discretion is not onlynecessary for legal administration, but also important to protect the right ofthe people. Extending administrative discretion is an inevitable tendency inlegal administration. Enhancing judicial over administrative discretion isnecessary for legal administration.In the preface of the paper, the purpose, feasibility and the writer'sview is illustrated. The first part begins with subject, and this istheoretically prepared for the further study of the paper, which includes thedefinition, representative forms of administrative discretion, its objectiveexistence bases and the writer's own perspective. In the second part, thewriter dates back to the administrative discretion origin, mainly deals withthe theoretical foundation and the several forms of how to control thisadministrative discretion. This part is written to analyze the special value ofcontrolling it. In the third part, in view of comparison and borrowing, thetheoretical achievements and systematical design of how to controladministrative discretion in American, English and French , and theEuropean countries is mainly talked about. Through comparing with thenewly foundings in western society, the instructive inspiration of how tocontrol administrative discretion in China is to be sought out. In the lastpart, with the help of retrospection and reorganized, the reason why thispower should be controlled and the standards of controlling is illustratedbased on posting the existing problems in carrying out the power in ourcountry. And some concrete systems, such as information publicity,accounting for reasons, hearing of witnesses, instructing administrativelaws and efficiency, are to be talked about, which is also the point of thispaper.