Control Mode Of Administrative Discretion

With the incessant increase of administrative functions of work safety in recent years, the scope and varieties of the administrative discretionary power of work safety are also expanding unremittingly. Being the core of the work safety administration power, on one hand, the administrative discretionary power of the work safety answers to the need of administration of work safety, it facilitates positive administration. On the other hand, the administrative discretionary power of the work safety is prone to show facts of being abused which great damages can be subsequently caused. Therefore, the efficient control on the administrative discretionary power of the work safety seems to be extremely important. This paper attempts to analyze the problems and the reasons of out control of administrative discretion in work safety field, and aims to probe into more efficient control on the work safety administrative discretionary power.This paper combines qualitative analysis with case studies, and can be divided in to three parts. First part, starting with the current concepts of administrative discretion, this paper analyzes the characteristics of administrative discretion, and makes a brief description of the current control theories of administrative discretion which covering legislative,executive and judicial aspects. Second part, in order to illustrate the complexity and unpredictability of the work safety administrative discretionary power, this paper does a detailed analysis of the forms,problems and the reasons of out of control of the work safety administrative discretionary power. Finally, this paper strives to establish a complex control mechanism from the legislative,executive and judicial aspects to achieve the object of controlling the work safety administrative discretionary power.The study of control mechanism on the work safety administrative discretionary power can not only enrich the achievements of the academic research on administrative discretion, but also regulate and control the discretionary power in the process of work safety law enforcement. It has a strong practical significance to prevent the abuse of power.