The Theory Of Administrative Procedure On Controlling The Discretionary Power

Administrative discretion is a basic concept of modern administrative law, is an important part of administrative power. In today’s administrative rule of law, discretionary power can help the administrative subject to assess the situation and deal with problems flexibly and boldly in administrative law enforcement. Meanwhile, it will also be a serious threat to the rule of administrative law if we are not going to control and limit the power of administrative discretion, which is called "The termination of legal, namely, the beginning of tyranny." Program control of administrative discretion is an important component of the control mechanism of discretionary power, it plays a vital role on protecting the right exertion of discretionary power with legislative and judicial. From the point of legislation and practical experience abroad, the administrative procedures in the aspect of controlling discretion has its own unique theoretical foundation and its value. Currently, in the process of the practice of administrative law in our country, there are still have some shortcomings in the aspect of administrative procedures on controlling administrative discretion. In order to perfect the system of controlling administrative discretionary power and make up the inadequacy of existing control measures, it can formulate a unified administrative procedure law and design a reasonable administrative procedure by using foreign experience for reference. In addition, it can also establishing some relevant administrative procedure system, which can ensure the legitimacy of administrative discretion.