Analysis Of Positive Internal Administrative Action In The Civil Service And Reasonable Exercise Of Administrative Discretion In The Role

This article based on a theoretical level is started in practice.Using positive internal administrative action to explore the solution of reasonably exercising administrative discretion by civil service under the framework of legality.Paying attention to the positive interior administrative action to influence "the human",main body of the power,and the exterior administrative action.Trying to reflect the function of positive internal administrative acts in influencing the administrative discretion,Hope that this positive way,by the sublimation of personal interests to national interests,the interests of citizens,and returning from social benefits to self-realization sense,can be the reunification of goal of the civil service and public organizations in order to achieve harmony and win-win situation. The article emphasizes that "incentive,coordinated,compatible and mutually beneficial,win-win",including a total of six parts.In the first part,on the basis of the concept of administrative discretion, it demonstrates that the existence of the discretion is the reflection of "people-oriented" from the limitations of law and public executive performance.As the source of the discretionary power,People's sovereignty theory is the legitimate basis of the discretion.Power comes from the people,so it must serve the people.At the same time,people also need the proper exercise of power to achieve their aspirations.Executive powers(especially the discretion of the executive) is the correct use of expression and to meet this need.In addition,the core of the development of modern public administration illustrates the concept of "people-oriented", affirmed the administrative authority(especially the discretionary power) as the positive role in the modern dynamic administration.The second part,the reason of the dissimilation of discretion in practice is that state power is exercised indirectly,"duality" of public authority,and given the institutionalization of space.Therefore,we must recognize and respect the core position of the civil service in the exercise of administrative discretion.The third part,Explicit the relation of internal administrative law between administrative body and civil servants,that means that civil servant is internal administrative relative person.Then,based on the "complex" hypothetical understanding of human nature,understanding the characteristics of civil servant,with the "complicated situation" of the discretion,it analyses the Characteristics and challenges of civil servants as "public person"The fourth part,because of characteristics of the civil service, "duality" of public authority,and given the institutionalization of space, resolving the Rationality of the discretion should pay attention to positive internal administrative act.On the fifth Part,on the basis of the theory of expectations and goals set,it describes the application of the theory of incentives in public organizations.Because incentive mechanism of the civil service is the core of the positive internal administrative acts,it must admit that positive internal administrative acts influence rationality of discretion.The sixth part,based on the rationality of discretion,it forms the solutions that reflect the function of the positive internal administrative acts. From three angel:organizational approval based on the psychological contract,performance examination based on merit" system,professional development and management based on communal development,to systematically integrate with the comprehensive development of the civil servants and reasonable execution of discretion.This study focused on positive internal administrative actions,to explore the "new ways" adapting to China's social and cultural background to promote civil servants that reasonably exercise discretion,to lead them to objectively judge themselves,the environment and the relation between the themselves and the environment,and to link personal interests and national interests,the interests of citizens in order to unify the spirit of legislation and the correct use of law enforcement in spontaneous, conscious,self-controlled manner.