A Research On The Rational Use Of Administrative Discretionary Power In Supervision And Management Of Work Safety

Administrative discretionary power, with its wide scope, including abstract administrative activities and specific administrative activities, has been more and more important in the administrative process of current government. In recent years, the government has paid more attention to work safety, thus, administrative discretionary power in this field should also be emphasized. Due to the weaknesses in the delay and generality of current laws and regulations of work safety, it is worthwhile to use administrative discretionary power flexibly, which will reduce the contradiction between public justice and private injustice to the largest degree.Administrative power, as well as administrative discretionary power should be used under basic principles, including the rationality principle, which is described in this thesis. Because of the insufficient development and legal restraint of administrative discretionary power in our state, the particularity of work safety determines the existence of its irrational use, which is demonstrated in the examples of J.In view of this situation, this thesis combines western experience with the particularity of our administrative machinery, and try to improve the situation through check-up system, the legislation of administrative process and enhance the independence of judicial investigation and the work safety supervision bureau.