Reasonably Regulation Of Discretion In Administration-From The Persprctive Of Procedure Regulation

In modern society, especially since China entered a "new normal" period,’ administrative organ has been endowed with wide discretion in administration in order to cope with more professional and complicated administrative affairs and realize the fairness of administrative work and efficiency value. However, the performance of public power must be regulated and restricted. As a public right with selectivity and judgment concept, reasonable regulations are needed. The regulation of discretion in administration not only requires the administrative organ to have defined understanding of their responsibilities, but also requires strengthening supervision on power performance. The procedural regulation of discretion in administration has unique value in the regulation of discretion in administration, for instance, it is beneficial to the improvement of communication, which could promote the social acceptance of discretion in administration; it is beneficial to promote the legislation of administration process and prevent the occurrence of corruption. Besides, it is also beneficial to realize the unification of fairness and efficiency of discretion in administration. At current stage, the procedural regulations of discretion in administration mainly includes group decision-making, public participation, open and transparent policy, reasoning and scientific verification etc.Reasonable procedural regulations can have good regulation effect on discretion in administration, the reason-ability in this paper refers to the consistence with laws and regulations, that is, it conforms to the principle, goal and requirement of laws, while fairness and justice are the final goal of laws, so reasonable procedural regulations on discretion in administration has combined with the principle of justice. To be specific, reasonable procedural regulations shall meet the requirements of transparency, non-obligatory, stability, acceptability, neutrality and legality etc. All these requirements shall be applicable to the object, design, operation, time sequence and results of procedural regulations. Based on several conditions of reasonable procedural regulations, there are some problems exist in the procedural regulations of discretion in administration in real life, which mainly are:insufficient openness of discretion in administration, insufficient public participation in administrative procedure, errors exist in the non-compulsory execution of administrative procedure, insufficient stability of administrative procedure, deviation in group decision-making, insufficient scientific verification and administrative remedy.The reasons why there are deficiencies in the procedural regulations of discretion in administration can be reflected on three aspects, namely, concept, laws and system. Firstly, it is about the concept, traditional administrative culture leads to the insufficiency of awareness for procedural regulations; secondly, the imperfection of relevant laws and regulations about procedural regulations; lastly, the system construction related to administrative procedure is not completed. For strengthening the reason-ability of procedural regulations of discretion in administration, countermeasures can be done from the below aspects:firstly, improve the openness of information related to procedural regulations and ensure the right of public acquisition; secondly, improve the public participation and respect their rights of the public participation; thirdly, improve non-compulsory procedural regulations and maintain the equal status of the public; fourthly, improve the stability of the procedural regulations, and prevent "different treatment for the same case"; fifthly, improve group decision-making for discretion in administration and improve the scientificity of discretion; sixthly, improve scientific verification of discretion in administration and give full play to the roles of experts in supervision; lastly, improve administrative remedy and guarantee the rights of administrative counterpart to obtain remedy.