On The Internal Regulation Of Administrative Discretion

Administrative discretion is an indispensable part of modern government management,involving all aspects of the exercise of administrative power.In feudal society,dictatorship is law,and there is no discretion in government administration in the sense of modern rule of law.After entering modern society,people begin to realize that there is a space of right scale in the exercise of any administrative act.The issue of discretion in administrative power has attracted more and more attention.It can not only improve the efficiency of administrative execution,but also help to give full play to the initiative of the administrative subject and facilitate administrative management.However,there are also abuses of power or corruption,which damage the legitimate rights and interests of the counterpart.Therefore,how to limit it more scientifically and reasonably to ensure the validity and feasibility of administrative discretion regulation has become a problem that needs to be resolved as soon as possible.In the past studies,it was generally based on the interests of the administrative counterparts,and the relevant external restrictions were imposed on the administrative agencies.How to limit the discretion in the legislative and judicial levels has always been the focus of academic circles,while the research on the internal self-restriction level of administrative agencies is relatively lacking.External constraints and internal constraints should jointly constitute two major prevention and control systems to prevent the abuse of administrative discretion.Therefore,it is not only necessary to attach importance to external constraints,but internal constraints are also particularly important."It is necessary to fight hard by itself." Practice and experience have proved that the internal regulation is the key to a more honest,fair and effective regulation.The internal regulation of the government agencies from top to bottom and from the inside to the outside is to prevent administrative freedom.The most critical means of excessive use of discretion.This article is divided into four chapters.In the first chapter,through the analysis of the connotation of administrative discretion,it is concluded that the discretionary power is the power of the administrative organ to conduct administrative actions autonomously on the basis of legal authorization.Administrative discretion has the characteristics of inevitability,special freedom and double-sidedness.There are five types of administrative discretion,namely,the discretion to choose the behavior,the discretion to make an administrative act,the discretion to determine the nature of the fact,the discretion to determine the severity of the plot,and whether to decide whether to enforce it.Discretion.The second chapter analyzes the limitations of the external regulation of China's administrative discretion in terms of legislation and judicial review.In the statutory system,some provisions of the law are principled,and the legislative language has limitations,and the law has a lag,which leads to the fact that the statutory system cannot regulate the discretion in an exhaustive and timely manner.In the judicial review regulation,the scope of judicial control is narrow,the time lag is strong,and the lack of professional and technical judicial personnel,the high cost of judicial control and the poor timeliness also restrict its effective regulation of discretion.The third chapter mainly analyzes the advantages and feasibility of internal regulation.It is believed that internal regulation has the advantages of subjective initiative,professionalism,and timeliness,and the internal regulation is highly operational and can be effectively implemented.The third chapter mainly analyzes the advantages and feasibility of internal regulation.It is believed that internal regulation has the advantages of subjective initiative,timeliness and professionalism,and the internal regulation is highly operational and can be effectively implemented.The fourth chapter,mainly through the analysis of administrative discretion in the previous article,innovatively put forward the idea of ??internal regulation construction from both vertical and internal self-control.The vertical construction mainly discusses the establishment of discretionary benchmarks,case guidance systems,filing and reporting systems,and inspection systems.The internal self-control construction mainly discusses the establishment of internal power balance mechanism,self-examination and self-correction system,and internal disciplinary system to regulate discretion.