The Research On The Administrative Procedure’s Control Of The Administrative Discretion

Montesquieu from France in The Spirit of Laws once said:“It is easy to abuse rights for anyone who owns it,which is changeless experience. And this kind of person use power did not stop until they meet the limit. ”The administrative discretion extensively in all the field of administrative actions and administrative subject,which is the important part of administrative power and the basic concept in modern administrative law area. In today’s administrative rule of law, the administrative discretion is expanding unceasingly. With the development of society, the progress of science and technology and the perfection of the rule by law,administrative subject have discretion and is the effective means to enhance administrative efficiency. The reasonable and proper use of the administrative discretion plays a role in the promotion and ensuring of the law. Meanwhile,the arbitrarily expansion of administrative discretion will lead to severe administrative power abuse.How to control the administrative discretion effectively to make it serve the society best has become an important problem in modern administrative law. On one hand,legislation,administration and judicial control are effective mechanism to restrain administrative discretion. On the other hand,entity and procedure control are also effective means under the background of the rule by law and the rule of administrative law. This paper discuss the administrative discretion from the point of regulate and perfect the administrative procedure. In this process,the administrative procedure could control the justifiably of the discretion and make the result rationalization.This paper starts with the general theory of administrative procedure’s control. Through a simple case describes the purpose of the administrative procedure’s control and significance of the title to the administrative discretion and the significance to choice this title by established case. This paper elaborated the connotation, necessary and special value of the administrative procedure’s control to the administrative discretion. Through using the foreign experience on procedural control of administrative discretion, particularly Civil law System and Anglo-American legal System for reference,in order to seek beneficial enlightenment which about procedural control of administrative discretion for our county. In the last part,through researching the current situation of procedural control of administrative discretion in our country,makes an analysis the existent problem and put forward some institution about procedural control,so that we can achieve complete procedural control of administrative discretion. The prime elements of it include the procedure challenge system,efficiency system are to be talked about.