On The Administrative Discretion

The administration discretion is the scope of authority choice right, is also the administrative power core, the government is managed being unable to be seprated from the administration discretion all along. Modern times becoming all the countries in the world common view especially in performing official duties according to law. The "rule of man"is defeated to "rule by law" ultimately is the general trend , accords with the will of the people, the reason is law to be more reliable than person. But people has to admit the fact: law being worked out by "person"and being put into effect by "person". Active effect in knowing that in administration having depend on "person". This has made a modernist relaxedly find an answer about Plato and Aristotle argued to "philosophy governs if ruling better than law governs" . The administration discretion is one double-edged sword: on the one hand , use the authority to be able to improve administrative efficiency and easy to administration; On the another hand, if abuses that authority may propagate administration sepsis , damage legal benefit of relative people. How just using the administration discretion is the ultimate purpose to write the article.From giving a studying to the rotten measure , seeking a way about prevention and cure this problem from theoretically, help perfect administration legal institutions system , accelerate the administration is flexible ordered development. Investigation and discussion to the theory problem, may be caused opinions differ, author want to discuss the questions about the administration discretion and give a superficial view , full text divide to be cutting into five chapters together: The first chapters: Administration discretion rationale. By the fact that the analysis such as concept , characteristic, classification to administration discretion studies, arrangement of ideas never different from the angle, be weighing up one macroscopic view assurance. Second chapters: Relation about administration discretion and administration rationality principle. At the same time, take administration rationality principle content for detailed analysis and expound . Third chapters: Effect that the administration discretion produces. Probe administration discretion positive role and inactive effect mainly. Fourth chapters: Controlling to abusing the administration discretion. To study necessity and method about controlling the abusing the administration discretion . Probe rotten prevention and cure administration effective measure at the same time. Fifth chapters: Wield administration discretion optimum state idea. This seal is also that I accomplish priority and place of being innovative owing a sheet a thesis.The concluding part has brought forward expectation and hope , thinking that the good administration discretion looking forward to being applied under the request in fairness and efficiency , is human being' s common wish and ideal.