On Reasonable Regulation Of Administrative Discretion

As a way of power running, discretionary power has become the core of modern administrative law. In practice, if used properly, it can achieve individual justice; if used improperly, it will cause a great deal of harm to the normal operation of the rule of law and the legitimate interests of the relative. Administration according to law requires exerting activism of discretionary power in administrative activities effectively, as well as the necessary and reasonable control to abuse of discretion.With the economic development and social progress of our country, administrative authority expands constantly. We should put the discretionary power in the optimum breadth through the legislative control, administrative procedural control, administrative internal controls and judicial control.The full text is composed of six parts. The first part is the summary of discretionary power. First of all, according to the different definations of scholars at home and abroad for administrative discretion, conclude the meaning of administrative discretion, and then cited the performance of discretionary power, further analyze the causes and rationality of discretionary power,give the aim of discretion. The second part is on abuse of discretionary power, on the basis of analyzing the reasons of the abuse of discretion, cite the performance and harm, in order to raise the necessary for control. In the third part of the text, analyze the satisfaction of legislature controlled, then propose the way to strengthen and improve legislation control from five aspects. The fourth part analyzes the questions of administrative procedural control to the discretionary power, put forward specific measures to standardize procedures. Part fifth is about improving of the internal supervisory control. Part sixth focus on improving judicial review, learning from the appropriate number of foreign mature theories and principles, realize the reasonable control of the abuse of discretionary power effectively.