Study On Administrative Discretion

Administrative Discretion is a hot topic in the field of administrative law. With the development and progress of the economy, culture, science and technology in modern society, the range of administrative is continuing to expand, the responsibility and authority of the administrative subjects showing expansion trend, the administra-tive discretion they entitled accompanying widening. In modern administrative law system, administrative discretion is an important part of the content of the modern administrative law, also is an integral part of the executive powers elements. With the development of society, the discretion of the administrative subjects is increasingly an necessary for the administration, Has become ways and means of the administrative subjects assess the situation and flexible the processing of complex administrative legal relationship.From the background of administrative discretion, the increasing complex social relations is the conditions and foundation of the development of the discretion. In complex and changeable social environ-mental conditions, administration involved in increasingly wide range of fields, in order to let administrative subjects timely, quickly and effectively deal with all kinds of issues and problems, avoid dealing with complex social relations helpless, legislators when during administra-tive legislation, had conferred on the administrative subjects in the Constitution, the law within a certain amount of discretion. On the one hand, because of to the limitations and hysteresis of the law, legislators when during administrative legislation can’t cover everything, also impossible to fully anticipate the kinds of situations that may occur in the future, administrative laws and regulations will not be able to set a comprehensive, specific and detailed1imitation to all administrative action. On the other hand, due to the necessity and urgency of the administration, In order to meet the developing and changing administra-tive needs, legislators when during administrative legislation had to adapted stipulations, full play to the initiative in law enforcement activities by the administrative subjects, to adapt to the complex and changeable social needs.The presence of administrative discretion both have its positive role, and negative influence. Administrative discretion has played an active role, and also have the risk of abuse, the way out is how to effectively regulate the exercise of administrative discretion, protect the legal rights and interests of social, public and administrative relative person. Under to the modern spirit of law, to promote administrative subjects administrate by law, the regulatory administrative discretion is necessary, to avoid the negative effects brought about due to the abuse of administrative discretion. Administrative subjects abuse of discretion, contrary to the purpose and significance of the legal authority, affect the fairness of the legal and just great, have dangerous consequences and negative effects. How to appropriate, reasonably regulate administrative discretion, so that play the positive role, is a widespread concern subject in the field of administrative law in various countries recent years, also is a practical problem for administrative subjects in social management. The Control of administrative discretion is a very complex, phased and long-term systems engineering, need the multi-faceted, multi-angle coordination in legislative, judicial, administrative, and social. Start from the concept, characteristics, and the necessity of the study of administrative discretion, further analysis of the causes, specific performance, negative effects of the abuse of administrative discretion, and puts forward the effective control of administrative discretion by legal means. This article aims to through theory explore, to provide a reference in the practice of administrative law for how to effectively promote administrative.