The Administrative Control Of Administrative Discretion Power

Nowadays the legal system for regulating administrative organs becomes moreand more intensive.Our attentive focus are transferred from the forbidden area to theadministrative discretion’s area. In actual life， administrative organs’ behavior rarelyviolates an specific legal rule directly, the problems concentrate on theadministrative discretion, which can choose executive method or quantity free. In ourcountry, we try to control this area through legislative and judicial ways, however, theeffect is not ideal. On the one hand，legislative and judicial ways exist hystereticnature. On the other hand, we ignore the advantage of internal control procedure whenwe seek the solutions. Some scholars have proposed the conception about theadministrative control. They always concentrates on some concrete respects, like theanalyzing of the rationality or some specific measures，though the comprehensiveanalysis is involved rarely. This article hope to propose an operable conceptionthrough hackling the methods of the administrative control and combining Chinesejudicial practice to unfold an entire thought of administrative justice.