On Administrative Discretion And Its Legal Regulations

The administrative discretion is to serve the people,facilitate the people,accelerate the efficiency of administrative activities,and more effectively implement the administration of the law.Abuse of administrative discretion,mainly embodied in the abuse of administrative personnel,the use of administrative discretion beyond their scope of authority,unfair to the exercise of administrative discretion,the administrative organ delayed in such aspects as their duties,abuse of administrative discretion can damage the administrative relative person's legitimate rights and interests,reduces the administrative efficiency,more can damage the government authority.At present,our country's administrative discretion rights regulation in the legislative,judicial,administrative homemade exists many problems,in terms of legislation,main show is too broad scope of administrative discretion matters,administrative discretion is the lack of discretion standard,lack of administrative discretion to exercise the program rules,on the judicial regulation,main show is the judicial organs clearly wrong and abuse of the definition of fuzzy,judicial review depth is not enough,and is often associated with negative impact.In the aspect of administrative control,the main performance is the practice of administrative discretion,the administrative review "not to be determined",the administrative supervision "inspection and the difficulty",the internal evaluation mechanism is not perfect and so on.To solve these problems,our country regulation mechanism to regulation of the power of administrative discretion,in the aspect of legislation,narrowed the scope of administrative discretion matters,perfect the discretion standard,strictly control the discretion and sound procedure of administrative discretion to exercise the regulation.In the aspect of judicial regulation,it is clearly defined and clearly defined in judicial review.In homemade aspects to the administration,improve administrative law enforcement responsibility system,perfect the supervision of the administrative reconsideration organ mechanism,improve the supervision of administrative supervisory organs,improve administrative law enforcement rigid evaluation form,etc.Through a series of practices,the administrative discretion can be effectively regulated and the administrative discretion can truly serve the people.