Effective Control Of Our National Regional Administrative Discretion

Modern administration is a "discretionary" administration. Administrative discretion, as the "soul" of the modern public administration, which has become the inevitable trend and the key characteristic in the modern public administration development. With the rapid development of modern technology and socio-economic, as well as the rapid increasing of social affairs and the social life becomes more and more complex and changeable, The government's management and control functions are expansion very much , the executive authority's administrative discretion increases as a result. In one hand, it improves the administrative efficiency of the executive authorities greatly, in the other hand but leads to the subjective and arbitrary in exercising of the discretion, makes the abuse of the discretion, and damages the legitimate rights and interests of citizens. Therefore, we must step up to control the administrative discretion, make the executive authorities executive a reasonable administrative discretion.China is a unified country with many nationalities. Ethnic autonomous areas' social stability, economic prosperity and political harmony is a common aspiration of the whole Chinese nation, and all of these achievements is closely related to the building of the rule of law in ethnic autonomous areas. Without the Favorable legal environment, ethnic autonomous areas' social stability, economic prosperity will be out of the question. Today, the administrative discretion has become the core of administration according to law, the reasonable discretion and effective controlling is in the forefront of the construction of the rule of law in ethnic autonomous areas. At present, in the overwhelming ethnic autonomous areas of China, due to the low quality of the ethnic minority cadres and the administrators, there are lots of dislocation phenomena in exercising discretion in ethnic autonomous areas. The abuse of discretion undermines the rule of law, impacts the social harmony and stability. How to control over the administrative discretion effectively to prevent the powers of "alienation" has become an important issues that can not be avoided for the ethnic autonomous governments.In this paper, based on the national law enforcement practice, in the guidance of the theory of administrative discretion, analysis the basic running situation of discretion in ethnic autonomous areas, study the specific forms in the abuse of the administrative discretion , Analysis of the reasons of the abuse of the administrative discretion, then , point out the consequences of the abuse of the administrative discretion ,and finally, propose some measures to control discretion in ethnic autonomous areas...