A Study Of The Govenrment In The Administrative Discretion Based On The Interest Balance

Significant feature of public administration in modern society, administrative discretion,has infiltrated all aspects of administrative areas, can be said that the administrative law’s coremission is to solve the problem of administrative discretion within the framework of the ruleof law. However, power itself is a mysterious and complex and changeable, so, how theadministrative discretion of governance has become a great and arduous task. The scholars aremostly inclined to the legal control of administrative discretion, such as legislative control,administrative control and judicial control, and little systematically using the angle of interestbalance to analyze the path of development of administrative discretion. However, in today’ssociety, interest is a common phenomenon in human society, stakeholders are increasinglydiversified with the development of China’s reform and opening up and the progress ofsociety, the interests and needs have also shown a trend of diversification, but the process ofadministrative discretion is itself a the process of trade-offs, and how to choose in the vast andcomplex system of interest is a complex and arduous task. Therefore, this paper attempts touse the interest balance theory as the basis points, to explore the path for China’sadministrative discretion governance.The first part describes the related theory of the administrative discretion and the interestbalance. Commenting about the doctrine of administrative discretion, the author defining themeaning of administrative discretion, and from the basis of governance and practical needsangles to clarify the need for governance of administrative discretion. At the meantime, I alsogive a general overview of the related theories about the interests and point out, However, intoday’s society there is the intricate relations of interests, conflicts of interest will inevitablyarise. On the basis of analysis of the relevant concepts and features of the conflict of interest,that the conflict of interests is a common problem of human society, and the interests of themeasure may help to balance the conflict of interests. Moreover, there are conflicts betweendifferent interests in the process of administrative discretion, such as the public interests andindividual interests, personal interests and individual interests, public interests and publicinterests, may have a conflict. Via weighing and coordinating relations between various interests, interest balance is an important way to resolve these conflicts.The second part analyzes interest balance in the process of administrative discretion.Scholars study the measure of interests mostly from the judicial point of view, diversificationof the interests in modern society, which requires administrative diversified. The process ofadministrative discretion is the process of interest to measure, it can be said that the measureof interest is the core substance of administrative discretion, so interest balance applies toadministrative discretion those are the requirements of adapting to the times, to meet theneeds of the modern administration. The general principles should be followed while applyingmeasure of interests to administrative discretion, such as the chief of the principle ofproportionality, due process principles and the principle of benefit maximization. Whenweighing different interests, it should be applied to different principles. Therefore, to achievethe governance of administrative discretion, must weigh and compare the plot involved thediscretionary process, public policy, administrative practice, social capital and other factorsunder the discretion of administrative balance principle, from the entity to constructadministrative discretion. Meanwhile, establishing and improving various interestscoordination ways under the guidance of the due process principle, such as hearing, theadministrative openness, public participation, reconciliation, constructing administrativediscretion from the procedure way.The third part analyzes the improvement of the interest balance and the governance ofcontemporary Chinese administrative discretion. China’s harmonious society is adiversification of interests, social interests demands diversified, the ultimately purpose is toachieve interest balance. The balance of interests is to achieve a balance between individualinterests, group interests and public interests, it is conducive to resolving the phenomenon ofirrational distribution of benefits, to maintain the normal operation of the inherent power of aharmonious society, and to achieve social equity and justice. However, there are still manydrawbacks in practice, when applying the measure of interests to the administrative discretion,such as non-standard program to the measure of interest, the conflict and competition betweenstatutory plot and discretionary circumstances, discretionary power abuse, the anomie ofpublic policy application. So the interest balance theory will have great value and significance to China’s administrative discretion governance. The paper begins with interest balanceperspective, proposing the administrative discretionary measures to improve governance: theestablishment of the new regulations for our discretion plot; expanding channels forexpressing their interests, improving the system of public participation; propellingconsultative communication, building reconciliation system; using the space of administrativerules on administrative discretion for a reasonable limit; to regulate the application of publicpolicy in the administrative discretion.Interest balance theory are systematically applied to the field of administrative discretion,balancing and choosing the interests, in order to help ease or even resolve the complicatedconflicts interests in the discretionary process, to a certain extent, which enriched the theoryfield on the issues of administrative discretion governance, and have great significance toexplore the paths which meet China’s actual administrative discretion governance.