On The Control Of The Discretion Of The Administrative Discretion

The right of administrative discretionary is an disposal power,which is entrusted by the state administrative organs under the he magnitude and the range of laws and regulations.It is an important part of administrative power and a necessary permissions of improving administrative efficiency,it`s also a inevitable requirement of modern administration. As the important content of the modern administrative discretionary power,the administrative discretion is widely used in the administrative law enforcement. However,the reasonable existence of the administrative discretion, does not mean that it will be used reasonably. Administrative discretionary power is the double-edged sword,used properly can protect public interests effectively, improve the administrative efficiency, meet the needs of the community; but if not,it will infringe upon the rights and interests of the relative people,harm the social justice, pose a huge threat to the rule of administrative law. Cause the right of administrative discretion is flexible, that`s appear improper or unreasonable situation in the running process of using the,the negative of discretion of the administative discretionary also requires restrict it.As a kind of restrictive principle,the purpose of proportionality principle is to balance the state power and the citizen ’s rights,protect the citizen’ s rights and interests and realize the substantive justice. Proportion principle has the attribute that regulat administrative discretion rights,and when it used it`s t based on "means" and "purpose",surround the relationship between them,in the position of objective,take the balancing as the start point,considering the legal intrests of conflicting with each other comprehensively and balancely, considering the balance of means and purpose to regulate the administrative discretion rights of urban management.The law enforcement of urban management is a typical administrative law enforcement behavior,it has discretionary nature. and in the law enforcement practice,the abuse of administrative discretion rights happen frequently,it caused very bad social influence,so we must standardize the abuse of power of administrative discretion.The first part is introduction,tells about the background,significance to choose this title and the current research.The second part,talking about Theoretical knowledge of the principle of proportionality and the administrative discretion rights.The third part,take the urban management`s law enforcement as example,tell about the situation in abuse of the administrative discretion rights.The forth part,learn from foreign norms of administrative discretion to get some inspiration for China.The fifth part,to study how to use the principle of proportionality to restrict the administrative discretion rights.