Legalization Of Administrative Discretion Standard

With the rapid development of modern society, expanding the function and scope of administrative supervision and management of social life, the administrative organ with administrative discretion to some extent, can be compatible with the changing reality. Discretion as the core elements of the administrative power in modern society, the positive initiative administrative management society, flexible and effective treatment is essential. However, its negative side can not be ignored, especially in the field of administrative punishment, each link discretion extensively exist in the administrative punishment, the discretionary space is too large, arbitrary law enforcement, such as abuse of discretion problem is becoming more and more serious, not only harm the legal rights of administrative relative person, destroy the good social management order, impair the legal effect and authority, the negative effect of public power will also cause immeasurable public image.This paper consists of three parts:the first part is the development of the administrative discretion of the rule of law, through the comparative analysis overseas at present about administrative discretion standard of some of the basic rules, expounds some achievements in China at present in the field of administrative discretion and some of the problems of domestic scholars. The second part discusses the reason in our country the need for the implementation of administrative discretion under the rule of law; the third part through the basic understanding of administrative discretion standard of the rule of law put forward the basic path of China’s administrative discretion standard method of the rule of law, first of all are the source of legislation, the establishment of a sound discretion benchmark system; secondly, was controlled by the law enforcement procedures, such as improving the administrative punishment, the establishment of the system of administrative punishment system of reasoning, hearing system. Again by the social supervision to ensure the implementation of the mode of administrative discretion through the above structure, formed a comprehensive network system for the right to control the administrative penalty discretion, so as to better play the administrative discretion to the construction of limited government, responsible government, government by law, the function and the construction of harmonious society.