The Legal Regulation Of Administration Discretion

With the further reform of administrative structure, administrative discretion which is the core content of executive power gets more and more attention due to its intervention influence to the administration. However, there is no uniform standard of the execution of administrative discretion. Therefore, the actual effects are different because of various internal and external factors. Nowadays, there are abuse and unjustness of administrative discretion in the administrative enforcement of law of administrative organs. It is necessary to normalize and control administrative discretion which is a right with the application of the law. This situation impels us to study on the legal regulation of administrative discretion. Employing the theories of administrative law with law practice, this dissertation analyzes it from three parts.Firstly, this dissertation elaborates the basic concepts of administrative discretion including the connotation of administrative discretion and the nature and principle of the legal regulation of administrative discretion.Secondly, this dissertation summarizes the current situation of the execution of administrative discretion in China and emphatically analyzes the problems of it in order to lead to the solutions and advice of them.Thirdly, this dissertation analyzes the procedure control of execution of administration discretion and introduces the principle of procedure of execution of administration discretion. In allusion to the situation and problems of execution of administration, some advice such as perfecting legislation, establishing the standard system of administration discretion, establishing and perfecting the procedure and strengthening the post-remedy is proposed.The writer thinks that the aim of legal regulation of administration discretion is not the restriction but the guarantee of its right execution. It is certainly helpful to build the legal and harmonious society to insist to regulate administration discretion and guide the execution of it by law.