Legal Control Of Administrative Discretion

Modern administration is the administrative services, is the administration by law.The rise of service administration led to the administrative private law trend, both to promote the traditional idea of government management innovation, enrich the means of administrative law and enforcement mode innovation. The core task of administrative law is to actively control traditional power,not to negatively control,the series of changes led to the expansion of administrative discretion and objective demand of the positive control.the core study of this paper lies in the new requirements and the new features, the control of administrative discretion under the service administration to explore how to change the control strategy of control means, to further improve the traditional mode of control of administrative discretion.The first part, I mainly comb the historical origin of the concept of administrative discretion and the relationship between the concept of administrative discretion and the concept of uncertainty,and then combined with the characteristics of modern administrative and the rule of law with Chinese characteristics, put forward and prove that the generalized concept of administrative discretion is more in line with the practical needs of the rule of administrative law in China.The second part briefly explains the practical significance of the service administration to administrative discretion, And It is necessary to control administrative discretion under the service administration, but more emphasis should be put on the positive control instead of negative control, the positive control of administrative discretion is to create all favorable conditions to ensure that the administrative discretion plays a positive role to the maximum extent within the law. then according to the characteristics and requirements of the service administration,discuss the new idea of the overall control of administrative discretion under the service administration.According to the general requirements of service administration, The third part sums up the new features and the corresponding control requirements of the control of administrative discretion in the practice of the rule of administrative law. This requirements challenge the control of administrative discretion under the new situation and the control model of traditional administrative discretion.The fourth and the five part is the core of this paper. The fourth part focuses on control strategy of administrative discretion under the service administration, mainly from macro overview, It actually gives a rough answer to how to further improve the control of administrative discretion under administrative services in terms of traditional control modes. The final conclusions are:in fact, the control of administrative discretion is a system engineering, requires the linkage and complement of various control means. At the same time, but also need to highlight the important and difficult things, and grasp the principal contradiction. Self restraint in administration is the central node or "source of administrative discretion control project "in this one system. A regular and dynamic control should be emphasized on administrative discretion from the whole operation process, in terms of administrative self-control mode.Of course, The system of administrative discretion control can not be separated from the supervision and evaluation of social main body, especially the administrative relative person. How to smooth communication channels, play the role of participation and supervision of social body is the focus and difficulty of the current administrative system reform in china.The fifth part is to put forward concrete suggestions on the control of the administrative discretion, this part still adhere to the comprehensive control of the initial exploration of modification, around the shortcomings of traditional control, in order to respond to requirements and vision of the control of the administrative discretion under the service administration.The innovation of this paper is mainly focused on the generalized definition of administrative discretion, the characteristics and requirements of the control of administrative discretion under the service administration, administrative self-control model as the core of the comprehensive and dynamic control of administrative discretion, and relatively specific suggestions of controlling.Not only can respond to real needs, but also to find something new and the new application on the basis of existing views.