On The Rational Regulation Of Administrative Discretion

The administrative discretion right is the core of the modern administrative power, and has become an important issue of the modern administrative law. The essence of administrative law hopes the executive authorities to concern citizens' rights and control the misuse of administrative power. And administrative discretion make the executive authorities have chance to independently choose in the administrative process, the administrative agency has independent judgment in dealing with the specific administrative transaction, this is a subjective power to abuse. The right of particularity of the administrative discretion make that it is necessary to enhance its of monitoring and management.The first part of this article mainly by administrative discretion is the concept of research, and led to summarize the corresponding characteristic; The second part emphasis that the existent of administrative discretion is necessary, then describe the abuse of administrative discretion in the specific forms. Its dual character asked us to adopt necessary measures and reasonable regulatory system to control the administrative discretion; The third part focus on analysis the administrative discretion of the Hunan provincial government rules, and legislative monitoring is an effective way to regulate the system of administrative discretion. This experience had important guiding significance to set reasonable regulatory system of administrative discretion of national legislation; The fourth part offer other means to regulate the system of administrative discretion, such as judicial monitoring and administrative supervisory and monitoring, which will establish more widespread and unity of the mechanism to regulate the system of administrative discretion.