Research On Administrative Discretion And Its Governance Path

Administrative discretion is the core concept in the study of administrative law.Administrative discretion power is a key element of administrative power.Administrative discretion needs to be taken seriously during the implementation ofadministrative law. The development of social production and living asking thegovernment to gradually shift from passive and negative performance of function andpower to taking responsibility actively and initiatively. In the construction of thewelfare state and the implementation of administrative law in contemporary China,not lack of studying and discussing administrative discretion. Use of administrativediscretion can make the administration job is more flexible, and work for a particularsituation in order to make administrative affairs can more meet the demand of socialequity and justice.Social complex reality requires the government and its departments to activelyrespond to the specific needs. Therefore, the government realizes the importance ofusing administrative discretion correctly more and more. Positive and effective use ofadministrative discretion is both a response to the social complex reality requirement,and a promotion to the requirements of the modern rule of law construction.Viewing at administrative discretion through a macro narrative point, it study theessence of characteristics, operation mechanism and governance path. We shouldfully understand that administrative discretion has the characteristics of law, selectiveand dual attribute of power and right, we also see the existing necessity. Based on thereality of administrative affairs and carrying out the needs and social governance, ithas the profound reasons in administrative law. Based on lawmakers’ lack ofknowledge and the flaws of the law, the ambiguity, vagueness and uncertainty oflegal language, and strict rules easy lead to the rigidity of the social governance, andthe construction rule of law in the ultimate sense of justice of jurisprudence demandrequirement of administrative discretion.As a harmonic mechanism, administrative discretion can realizes thefundamental equilibrium between social public interests and the personal interests. This dynamic equilibrium can further promote the realization of purpose to pay moreattention to protect individual rights and keep the current business paying moreattention to improve and guarantee the livelihood of the people to demand. Seeing thesystem of administrative discretion has its advantages that can promote socialgovernance career more in line with the right of citizens under the condition ofimplement. We should also focus on administrative discretion which has thecongenital deficiencies of the actual system operation. And possible disadvantagesmake us a comprehensive understanding of administrative discretion, seeking innermotive power in governance path.Managing administrative discretion is a systematic project, which needs plan tofind a comprehensive governance path. Thus, in the emphasis on traditional scientificlegislation, be strictly to take enforcement of the law and justice judicial traditioncontrol mechanism, we should pay attention to adopt more soft law means to make upfor the lack of administrative discretion governance path. In giving full play to thetraditional external control means to promote the governance of administrativediscretion in the process, we will realize the importance of administrative autonomy,and see the administrative autonomy as a new perspective of governanceadministrative discretion. Then, a integrated use of two kinds of means with "inside"and "outside" can promote the governance of administrative discretion.China’s current social background and development situation of rule of law,determines that we are able to give full consideration to the administrative homemadefor the governance of administrative discretion, and administrative autonomy can beas an important governance path to build more systematic governance path.