On The Control Of The Discretion Of Administrative Law Enforcement In China

The state empowers administrative law enforcement agencies to exercise discretionary power for legitimate purposes and to maintain social order within the scope and scope permitted by laws and regulations.Law enforcement main body violation of legal and reasonable principle,abuse of discretion,violate the legitimate rights and interests of citizens,corruption,reducing the authority of the party and government in the heart,affect the overall management of the government,so no legal in the administrative law enforcement,the rational use of discretion of law enforcement behavior under effective control.From the point of view of discretion,the author analyzes the definition of discretion,abuse,hazard and its cause,then makes an in-depth study on the theoretical basis,practical operation and relief approaches of the emergence of discretion,so as to balance the efficiency and fairness of administrative law enforcement as far as possible.This paper discusses the control of discretionary power by administrative law enforcement through three parts.The first part,expound the origin,characteristics and types of discretion,clarifies the objective inevitability of discretion and its status in administrative law according to the original intention of discretion.Summarizing the types of discretion,understanding the forms of discretion deeply,and factors which abuses in exercising discretion.The principle of legality and rationality is the most basic and key principles,law enforcement officers should not only on the legal basis,but also on the rationality basis,and consider relevant factors and proportioned principles when evaluate the behavior of litigant.The second part,analyzes the manifestations and main reasons of the abuse of discretion by law enforcement agencies and law enforcement personnel,and the harmful consequences brought about by the state,society and administrative counterparts,so as to illustrate the necessity of controlling the discretion.Making corresponding solutions according to the internal and external causes of the abuse.The third part,explores the approaches of internal and external control of the discretionary power of administrative law enforcement,and proposes countermeasures from the following aspects: Improving the ruling benchmark system,providing the law enforcement department with reference for law enforcement;standardizing administrative law enforcement procedures,ensuring the rationality of administrative law enforcement procedures;Improving the professionalism of law enforcement teams,enhancing the soft power of law enforcement;improving the legal supervision mechanism,implements the principle of consistency of powers and responsibilities;strengthening social supervision,enhancing the consciousness of law enforcement agencies;making use of big data technology to provide services for precise law enforcement.Expanding the scope of judicial review and providing a strong approach for relief.