The Problems Of The Administrative Discretion In Operation And Its Regulation

Administrative discretion exists widely in modern administrative affairs,it is not only an inevitable trend to continuously improve the administrative efficiency, but also an specific needto overcome the lag of law and semantic fuzziness. The existence and expansion of administrative discretion adapted to the real conditions of modern societyon the one hand,it has resulted the anomie of the discretion running behind its expansion on the other hand.Therefore, it is very important to causing prejudice to build up the comprehensive management network to regulate administrative discretion through legislative, judicial and administrative ways.We use dialectical analysis, case analysis and comparative study to study the anomie and legal regulation of administrative discretion. The study is divided into five parts:The first part is a brief introduction to the development process of administrative discretion and the existence meaning of administrative discretion in the current administration management of China. The second part is to analyze and compare the discretionarytheoryof Western countries to prevent the generalization of the concept of administrative discretion, and then analyzing theexistence basis of administrative discretion, and to classify the discretion in China.The third part is to analyze the current problemsin the process of exercising administrative discretion, and to analyze the causes of its anomie. The fourth part briefly describes the path that the two law system countriestakes on their administrative discretion regulation, and its administrative practices’ revelation on regulatory control of administrative discretion in our country. The fifthpart presents thethree aspects of the comprehensive regulatory control network forlegislationregulations, administrative regulations and judicialregulations, and corrects the abuse of administrative discretion.