Mechanisms Of Internal Control Of China's Administrative Discretion

Administrative Discretion is an essential part of Administrative Power and governmental ruling would never operate without Administrative Discretion. Administrative Discretion is a double-edged sword: on one hand its application can enhance administrative efficiency, strengthen administrative management and benefit private parties a lot; on the other hand its abuse would greatly damage legal interest of private parties and lead to serious administrative corruption. How to control the abuse of Administrative Discretion is concerned about by Administrative Law scholars and it is also the theme of this article. Just like the both wheels of vehicle or both wings of birds, the internal control and external control of Administrative Discretion are integrated with each other which deny segmentation. This thesis bases itself upon fundamental actualities of our country which was character with integration of policy-making and administration, and imperfect legal system. The author argues that it is the superiority for the current political live to build and improve the internal control mechanism of Administrative Discretion. We should perfect and the current internal control system to form a coordinative, integrated, powerful mechanism. Based on the former researches, focusing on the object of Administrative Discretion from the internal control angle focus, the paper discusses deeply on the necessity and the actuality the internal control mechanism, and also brings forward a series proposes to perfect the internal control mechanism in China: improving the internal control institution and regulation; enhancing the construction of organization for internal control; adjusting the internal relationship to promote the efficiency of the mechanism.