The Research On The Regulation Of The Administrative Discretion

Administrative discretion is widespread in various areas of administration, which is the significant feature of modern administration. To protect administrative justice and to fulfill the increasingly specialized, complexed administrative functions and to improve administrative efficiency and other deep-seated reasons, the administrative organ has been given an increasingly wide range of discretion. However, due to administrative discretion’s inherent widespread, expansive, hidden, mandatory and susceptible to abuse sex feature, which is easy to damage the public interest, breed corruption in law enforcement, so we must regulate it to ensure administrative discretion’s rationality. Strengthening the regulation of administrative discretion is to fulfill the request of ministrant government, accountable government and the integrity of government.Administrative supervision has a unique advantages of direct, fast, professional and comprehensive regulation. Administrative supervision can promptly corrects improper conducts of administrative discretion.Aside from this,administrative supervision regulates administrative discretion had a political, institutional, and technical feasibility,so the author attempts to explore the regulatory path from the perspective of administrative supervision. This paper analyzes how to regulate the system of administrative discretion base on the perspective of administrative supervision. In addition to the introduction, the article divided into four parts:first, defining administrative discretion, regulation, administrative discretion, administrative supervision, the concept of administrative supervision and regulation of the necessity and feasibility analysis. Secondly, learn lessons from the foreign’s the regulation of administrative discretion. Thirdly, analyzes the effectiveness and shortcomings of the existing administrative discretion regulation. Finally, the perfect path specified for the shortcomings of existing regulation: from the quality of the administrative body, the organizational setting, regulation mode, the coordination mechanism point of view to improve our existing administrative supervision and regulation system to ensure a reasonable standard of administrative discretion.