Research On The Shrinkage Of Administrative Discretion

Contraction of administrative discretion, it is the right of administrative discretion in the administrative authority based on the purpose, is to a theory of the regulation. The theory sources of the first produced in Germany, it was not until recently was introduced into our country. Late although it was introduced into China, the academic and practical study of administrative discretion contraction is not much, but it is undeniable that administrative discretion contraction theory has appeared in judicial practice of our country and has important influence.The first part of this article is mainly to the theory of administrative discretion to contract, administrative organs in the process of exercise of discretion, in case of emergency, the discretion to shrinkage may occur, namely administrative discretion contraction. After its Germany produced in the early twentieth century, developed in Japan, it was not until recently was introduced into our country. Due to shrinkage administrative discretion applies to China's time is shorter, less of its academic research in China, with the relevant administrative inaction and the limitation of administrative discretion on the concept of easy to be confused.In this paper, the second part mainly introduces the components of the administrative discretion contraction, combining the recognised by the most scholars of the "five elements" thinning, respectively is:involves significant of interests, the urgency of the risk and danger happening possibility can be met, avoid damage results and the administrative behavior to expect the five aspects were described in detail. Involving large and dangerous urgency of interests is the preliminary requirement shrinkage judgment of administrative discretion.This article third part preliminary practice of the administrative discretion in China contraction and the existing problems in writing, because of the administrative contract in our country is still at the preliminary stage of development, cutting practical application is still not perfect, the lack of effective discretion benchmark and judgment, the administrative organ has yet to form self-discipline mechanism, form a complete set of liability and remedy mechanism is still with the behavior of administrative discretion to disconnect.The last part of this article is in violation of administrative discretion to contract regulation of administrative law, combining with the practice in our country administrative discretion shrinkage problems, and puts forward some corresponding perfecting the discretion benchmark, set up expert consulting system, to set up the administrative system of self-discipline and the improvement of the corresponding liability, compensation system.The application of the administrative discretion to contract for the exercise of administrative discretion in China is of great significance, is also an effective standard way to protect the lawful rights and interests of administrative relative person. Must want to analyze it from various aspects and put forward effective solutions combined with the practical situation in our country.