Administrative Discretion Right In The Rule Of Legalism Thinking

In modern administrative law, administrative discretion right, also known as theright of administrative free discretion, without doubt is in a relatively core, moreeye-catching position. And administrative discretion right was born with Two-sidednature. On one hand, the limited nature of the legislation capacity can not be predicted,the developments of social are unpredictable, the administrative discretion right, asa necessary haven right that a modern country implementing government function,can make up for this deficiency, Thus the administrative discretion right is adapted tothe administrative regulation and the social economic development; on the other hand,the administrative discretion right can pose a threat to administrative law, reduce thebound of the administrative organs, make it adapt to laws and bring benefit tocommunity. At the same time also bring about Numbers of issues that violations of therights of the relative person, so it can become a kind of anomie power extremelyeasily.Through various channels to prevent the administrative discretion right fromlosing-control, is problem that modern administrative law imperatively Need to beaddressed , the deepen research of the administrative discretion performing andregulation Problems, has the important theory and practical value. Theoretical value:enrich the theory of administrative law, promote the development of administrativelaw, Maintain the Authority of Administrative organ, and protect the legitimate rightsof the administrative relative person. Practical value: resolve social conflicts andconstruct a harmonious society. The regulation of the administrative discretion rightabused, for people, is helpful to soothe and outlet social discontent, eliminate socialunrest, maintain good social order and social stability.The current administrative law scholars put in a hitherto unknown concern onadministrative discretion theory, the research of achievements of the academiccomponent comes out ceaselessly, in the application, the administrative discretionright abused problems has been limited by certain norms, but many cases are" takedoctrine", existing suspicion of overly obsessed with foreign experience, the lack ofsome native situation, especially now that the socialist concept of law has in-depth themajority of legal scholars and the hearts of the masses, This article refers to thecomparison examples, the literature analysis methods, and theoretical analysismethods, etc. to carry out the writing. This article is divided into three parts: the firstchapter:the basic content of administrative discretion, the meaning of administrativediscretion, the need for analysis of operating principles, as well as its negative sense;the second chapter of administrative discretion to run the rule of law ’to determine andthe contents of the rule of law doctrine, the doctrine of rule of law, the use of thepositive role of administrative discretion, the basic principles of the rule of law andadministration were analyzed; chapter III of the rule of law doctrine of administrative discretion specification is divided into three, namely, legislative norms, lawenforcement norms. the norms of responsibility .so this article attempts from theperspective of socialist rule of law, to explore role in promoting social law realizationby the Reasonable exercise of administrative discretion, and the realization of rule oflaw and discretionary rights for to some positive effects on society, open up newperspectives for the study of administrative discretion right, to think about the normsof administrative discretion more specific in china situations.