Service Administration Standardize Administrative Discretion Under The Applicable Research

Since the reform and opening up public services gradually rapid development and social change, sothe law can not cover all possible problems, which the administrative discretion granted to the executiveauthorities the flexibility to deal with social development Cheng Zhongmeng issued as to maintainnormal social the inevitable requirement of the order. The necessary administrative discretion isnecessary for the effective delivery of public services, but it also brought negative effects, such as therights of citizens against executive authorities fail to comply with the duties and corruption. From theperspective of social change, we note that the administrative discretion and continue to develop with thedevelopment of social life, and showing a continuous expansion of the trend. Since the1990s, more andmore people, the government under the socialist market economy should be a "service-orientedgovernment". The ruling party and the government has gradually accepted the value orientation of theservice-oriented government, the implementation of the Service Administration within the administrativedepartment. But some of the administrative discretion of the regulate the exercise of acts against theService Administration to realize the construction of service-oriented government, abuse ofadministrative discretion of the status quo is one of the obstacles to building a service-orientedgovernment, how it regulates the system of administrative discretion abuse and regulate the exercisebehavior you need our attention and thinking.Path there are three: First, the traditional administrative law to control administrative discretion bythe administrative authority granted by law the right to require the administrative procedures, requiringthe executive to the executive power must be exercised in accordance with the law. The law is the only legitimate source of executive power, the sole basis of the executive power, the purview of the executiveauthorities of the law. Second, the negative review of the executive power exercised by an independentjudiciary to administrative action by requiring the executive to make the relevant facts and make areasonable description of the application of law, provide for the relative afterthought. Third, theadministrative organs such as case supervision, poor appraisal of the case, law enforcement andinspection of self-monitoring. However, the conventional control path, no matter what kind, in fact, areoften an afterthought monitoring, not from the source to prevent the abuse of administrative discretion.Administrative discretion is a relative concept, the fundamental purpose of limited administrative andlegal control. Now, people pay more attention to the use of legal means to control the abuse ofadministrative discretion, while ignoring the fundamental purpose of the use of administrative-in orderto the Virtue control of administrative discretion abuse.However, to improve the administrative staff of the ethics of responsibility, the introduction of thediscretion of the Service Administration process of application, has a fundamental role in the regulationof administrative discretion. Administrative discretion, in essence, is the right to make administrativedecisions in the "gray area" within the administrative system in the face of system requirements are notclear and the system made no mention of the sudden. When the legislature can only provide theframework legislation, the specific normative sense in this framework can only transfer to the moral,after all, only ethics can only restrictions to public management the main impact, but not its flexibility.Coordination of government administration originally a multitude of things, complicated, but once theoverall interests of the principle, there will be an accumulation of enormous energy to overcome thepower of the local interests of the sector, individual self-interest-based tendency to altruism as a whole.Discretion applies, the government and administrative officials must be based on considerations of public interest, public interest as the standard for measuring performance. There are many things and can not becovered within the limits prescribed by law, these things need to hold executive powers the exercise ofadministrative discretion to rule in accordance with the requirements of the people’s welfare and interestsas the basis to deal with. Although we equally recognize the necessity of the Legislation of theadministrative freedom of discretion the right to abuse behavior, but of discretion to use the process ofintroduction of the Service Administration, Service Administration responsibility ethics internalregulation system on Administrative Discretion is the current fundamental settlement of administrativediscretion to exercise effective way to process violations to abuse.