On The Regulation Of Administrative Discretion

Along with the rapid development of economy and the improvement of civil concept of the law in our country, the existing stability laws and regulations make it unendurable to the complex and changeable administrative problems. Therefore, the constantly expanding of the administrative discretion granted by the administration department to a certain extent improves the efficiency of the administration department and reasonably use of administrative resources is utilized simultaneously, However, it is a serious legal problem that administrative discretion has been abused in reality. The abusing of administrative discretion not only damages the legitimate interests of administrative individual, but also brings a series of social problems, which make the corruption caused and the public's trust for administration department decreased. Consequently, how to regulate the administrative discretion reasonably has become an urgent problem that remains to be solved. Therefore, the author tries to put forward some constructive suggestions by analyzing the reasons and channels of administrative discretion power abusing that appears in different kinds of laws based on the hot issues that referred above. The author also tries to summarize the common problems that caused by the abusing of administrative discretion and finally put forward constructive suggestions by learning the relatively perfect system from abroad combined with relevant cases.This thesis is divided into four parts except for the preface and epilogue. The first part is about the brief introduction of theoretical analysis. This part mainly explains that theoretical analysis is carried out by the definition of administrative discretion,. characteristics of administrative discretion and classification of administrative discretion. In the second part, the author tries to conduct overall analysis of the administrative discretion and tries to summarize the common problems that caused by abusing of administrative discretion by analyzing the reasons and channels of administrative discretion abusing that appears in different kinds of laws with relevant cases. This part firstly introduces the current situation of administrative discretion abused, and then analyzes the reasons for abusing of administrative discretion arising from the abuse of this phenomenon. The third part is to draw lessons from the relatively perfect system from abroad such as the more advanced regulatory abusing of administrative discretion in England, America and France, by comparing the countries' regulatory system, then sums up What we can learn from them.Thus the problem of how to carry on the regulation of administrative discretion which contained legislative regulation, administrative regulation and judicial regulation is summarized in the fourth part.