Administrative Discretion Of The Empirical Research

Administrative Discretion is an inevitable result during the development of society,a crucial right in administrative power, also is one of the key theoretical issues ofadministrative laws. With the development of modern society, the importance ofAdministrative Discretion becomes more and more important with the increasinglyexpansion of its extent. It is necessary but possible to be abused for the existence ofAdministrative Discretion; therefore, it is necessary to control it.This article began from several typical administration cases, AdministrativeDiscretion to basic theory as the backing, provided administrative behavior by thecurrent system as the behavior standard. to considerate practically the use ofAdministrative Discretion. Then, it proposed the controlling method aboutAdministrative Discretion.Attempting on the basis of strengthening the further understanding ofAdministrative Discretion, find a suitable and effective way for China’s nationalconditions to control Administrative Discretion, maintain the relative person’s lawfulrights, guarantee interests of the security Administrative Discretion to operate legallyand properly, make administrative behavior serve truly for the public.The paper includes three parts of introduction, text and ending. The basic content ofpaper is as follows:The main introduction illustrates the importance of the Administrative Discretionand makes it as my master’s degree thesis reason.The first part of the text enumerates several typical cases firstly. As specificanalysis of the object on the application of the Administrative Discretion of theadministrative body in a number of specific administrative acts, the part of the conceptof Administrative Discretion, define and provide a basis for theoretical support for thefollowing discussion of Administrative Discretion.The second part of the body mainly analyzes the Administrative Discretion of thesocial and administrative development of the rule of law, to make up the loopholes inthe law, improve efficiency and the inevitable requirement of justice, necessity toprovide a basis for discourse Administrative Discretion. In addition, using thegeneration of the damaged legal authority and the relative interests and inducecorruption by discussion abusing of Administrative Discretion to improve theharmfulness by abusing of Administrative Discretion, and leads to below. The third part of the body, the problems of the present stage of AdministrativeDiscretion in practical applications is summarized and the reasons for these problemsfurther analysis. Through the existence of problems with the right of AdministrativeDiscretion, summarized, you can clearlysee,ofAdministrativeDiscretionin application ofthe presented principles, legal issues, and specific application of the existing problems,in order to improve the administrative freedom of discretion the right root, for the basis.The fourth part aims the problems about Administrative Discretion at the applicableprinciple and law, the discretion range and the attitude of administrative subject,proposed legislation reform, system innovation, strengthen the personnel management,and paying attention to the internal and the social supervision and the solutionrespectively from four aspects of the legislative, judicial, administrative and socialcontrol.In the Epilogue part, the author puts basic view for the Administrative Discretion:the existence of Administrative Discretion and perfection is the inevitable trend of socialdevelopment, its existence and development ensure the administrative enforcement’sdevelopment efficiency, make up for the defect of administrative legislation. On theother hand, because of abusing Administrative Discretion may infract the society andthe citizens’ rights and interests, so we must be set the Administrative Discretion in aboth legal and rational scope.