Administrative Discretion In Social Capital: Structure, Operation, Performance And Optimization

The administrative discretion is most widely used in the primary law enforcement in thefield, due to the particularity of the power, it gives the owner of the power some space tojudge, plus the influence of Chinese traditional culture of human relations，In the range ofspace, the administrative subject manage the same thing may be different, thus affecting theadministrative justice. Therefore, many scholars request control of administrative discretion,thereby preventing the improper exercise of administrative discretion. Overview of relatedpapers, to control the administrative discretionary power, no more than four-element controlstructures, namely the legislative control, administrative control, judicial control, and socialcontrol, showing a rigid control mode. The four control mode is perfect, in theory, but theadministrative discretion of individual countries have the different backgrounds, be affectedby factors that are also huge differences, so this theory in practice often have little effect. Inessence, the administrative discretion to run the key factor is the role of law enforcement atthe grass-roots level, the implementation of many policies and regulations of the gamebetween people, especially in the environmental impact of China’s human relations, as inthewhich play a leading role in the administrative discretion are equally affected.This human relationship is a form of social capital, this social capital affects virtuallyeveryone, at the discretion,it is the power that can change for free under the margin space.Therefore, the operating mechanism of this social capital in the study of administrativediscretion, performance, and whether the optimization is particularly important, It caneffectively resolve the conflict between the primary law enforcement agencies with lawenforcement objects, to achieve social harmony. Therefore, the operating mechanism of thissocial capital in the study of administrative discretion, performance, and whether theoptimization is particularly important, It can effectively resolve the conflict between theprimary law enforcement agencies with law enforcement objects, to achieve the harmony ofthe officials and the public.This Paper as a whole is divided into five parts, The first part is an introduction; Thesecond part is to analyze how to generate social capital, and administrative discretion in thesocial capital structure and function of administrative discretion; The third part is the focusmainly discusses the administrative discretion of the operating mechanism of social capital, relationships, motivation, interaction. Elaborate on the logic of the administrative discretionof social capital in action; The fourth part is the evaluation of administrative discretion in theperformance of social capital, this part of the use of quantitative analysis of the marginalbenefit function model to arrive at the two different types of social capital on discretionaryjustice;The last part is from the law, science, love this point of view of some of the measuresof social capital in the optimization of administrative discretion, in order to achieve socialharmony.