Research On Administrative Discretion And Its Control In China

Administrative discretion has been one of top concerns in the field of administrative law.As the society continues to develop,the flexible exercising of judgment and decision making allowed to public administrators is essential to administrative management.This type of discretion bears great significance to protecting legitimate rights of administrative counterpart,improving administrative efficiency and fulfilling the functions and roles of regulatory agencies.While there have been cases where this power has been abused such as failure to exercise reasonable discretion,inaction,wrongdoing and power rent-seeking of regulatory agencies,resulting in an array of social problems that include assault on the legitimate rights of administrative counterpart,decline in government credibility,disorder in society as well as market economy.It is not only one of important propositions in China's attempt to build a country based on the rule of law,but also turns out to be a key subjects in the research of administrative law,that how to effectively,reasonably tighten its grip on administrative discretion.Based on fundamental theories of administrative discretion,this paper manages to analyze existing viewpoints both at home and abroad and gain insight into the concept of discretion in administration so as to generalize its characteristics and categories.On top of that,this paper seeks to discuss the current status of domestic and foreign research on this power in a way that helps cast light on the general rule of its development.And existing problems in the exercise of administrative discretion have also been discussed on the light of national realities in order to summarize the manifestations of abuse of discretion by regulatory agencies,therefore probing into the causes as well as subsequent implications.By looking at the current administrative discretion in China and the regulation on this power,this paper introduces a host of ideas ranging from the development of administrative procedures to the improvement of administrative staff,legislative supervision,judicial supervision,and social supervision,with an aim of reasonably,effectively keeping the discretion under control to provide valuable reference for research in this field.