On the Power of Administrative Discretion and its supervisory
Abstract
In the modern administrative power, the administration discretion extensively exit in the field of the administration,and become important sign of the contemporary development administrative law too. The administration discretion is one double-edged sword:on the one hand,use the authority to be able to improve administrative efficiency and easy to administration;On the another hand,if' abuses that authority may propagate administration sepsis,damage legal benefit of relative people. In order to guarantee the administrative efficiency,to meet the needs of the modern administration and to realize the administration of the state according to law,the administrative discretion easily causes the abuse of the administrative discretion.so, The administrative discretion has to be researched. In order to prevent administrative discretion from being abused,all kinds of treasure must be taken. It is Guaranteed that the socialist legal system construction carries on smoothly.
This thesis takes the methods of the integration of the theories and the practice,and the comparatives analysis to analyze and study the control of the administrative discretion.It talks four questions:The first question discussed the theories of the definition and character;The second question analyzes the inevitability of the administrative discretion and the need of control of the administrative discretion in China;The three question on the administrative discretion of the administration according to law and relations;The four question put forward three ideas:perfecting the administrative legislation,strengthening the administrative self-control,improving the judicial control in order to perfect the design of it.
key word:administrative discretion; abuse; administration according to law; supervise