The Abusing Of Administrative Discretion And Regulatory Rules

Administrative discretion rights as the core content and the main feature of modern administrative law, it is an important part of executive power. Along with the rapid development of the economic and social life, facing the new situation and problems which appear constantly, the Legislature is unable to formulate detailed rules about each social affair because of the professional and technical administrative affairs. Therefore, the legislative authority granted administrative organs more and more administrative discretion rights to manage the administrative affairs flexibly so as to ensure the complicated administrative affairs can achieve case justice and law balance successfully. However, with the expansion of administrative discretion rights, the characteristic of flexibility and mobility about the administrative discretion rights makes it like two sides of the coin. On the one hand, it not only adapts to the rapid development of the modern society and satisfies the needs of administrative efficiency principle, but also compensates for the legislative defects; on the other hand, it also provides the possibility that the administrative discretion rights were be abused (especially in the applicable process of law). Abusing the administrative discretion rights damages the administrative relative person's legitimate interests directly which deviates from the target of the Legal government that our country is trying to construct. Thus, to regular the administrative discretion rights effectively has a great significance to play the function of the authority correctly and guarantee the relative person's benefits strongly.This article will from the connotation of administrative discretion rights, basis for its existence and operation situation, talking about the existing problems in the process of application about the power and analyzing the root of these problems. After that, through the introduction of the foreign countries how to settle the issues, leading to the effective path which our country should choose: that is establishing administrative discretion standard.