| As the core of modern administrative law, administrative discretion is an important executive powers on the construction of administrative law. With the development of economy and society, administrative authorities deal with administrative matters and a growing number of species, extended to all areas of production,living, education and culture, showing a diverse and complex trend. In order to better engage in the administration and improve administrative efficiency, the executive discretion to grant legal authority is increasing and expanding. Because there is a certain subjectivity and freedom when use the executive power, so the administrative discretion can be easily abused and loss of control, damage the legitimate rights and interests of citizens, impact the administration according to the law. Management of modern society requires administrative discretion, but the administrative discretion is by no means complete "freedom".It must be control by necessarily in order to restrict the administrative body use the power efficiently and properly, reduce administrative disputes, protecting the administrative relative person’s legitimate rights and public interest. Therefore, how to give the executive some necessary discretion to ensure that administrative discretion flexibility and strain at the same time, but also to regulate and moderate the control, is a real practical significance problem that must be solved. This paper analysis the control of administrative discretion about the experience and practice of foreign coutries, combine with the actual situation and the rule of law administrative, analysis effective measures of control administrative discretion from strengthen legislative control, improve the administrative control mechanism, strengthen the judicial control and strengthen social supervision, to put forward a diversified control system. Of course, due to historical and practical reasons, it is impossible to restrict and control the administrative discretion in one step.We must correct the problems of our found gradually and improve the contol measures constantly, truly achieve fairness and justice in the case, in order to promote the development of administrative law. |
