On The Discretion Of The Administrative Body And Its Control

The inevitable result that the right of judging amount freely of the administration is social historical development, is a very important power in administrative power, it is one of the key theoretical questions in the administrative law too. 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, the abuse of the administrative discretion in prance will bring serious negative effect. Its abuse would greatly damage legal interest of private parties and lead to serious administrative corruption. How to control the administrative discretion effectively to make it serve the society best has become a very important question in modern administrative law area and it is also the theme of this article.The meaning that this article judge's quantity from the administration freely is set about, to including the necessity that the right of judging amount exists freely of the administration, possibility that the right of judging amount is abused freely of the administration, abuse administration cut out main shape to measure right freely, person who cut out theory and practice that right controlled relevant problems inclusive carry on discussion research freely to administration. Through comparing with the newly founding in western society, the instructive inspiration of how to control administrative discretion in China is to be sought out. In the light of the present situation and problems of the administrative discretion, the text put forward some ideas: perfecting the administrative legislation, strengthening the administrative self-control, improving the judicial control in order to perfect the design of it.