The Research On Final Administrative Discretion

Legislators have created many systems to Safeguard that how citizens/legal persons and other organizations can obtain administrative relief from the administrative violation of legal interest since administrative law system was established, one of which is Final Administrative discretion, namely administrative branch make the final judgment on some administrative disputes.But, few scholars have studied Final Administrative Discretion, especially systematically. The author try reorganizing and summarizing the former academic achievements simply; And draw out the definition of Final Administrative Discretion from protecting the legal interest of citizens/legal persons and other organizations; and divide it into the explicate Final Administrative Discretion and implicate Final Administrative Discretion on the standard ruled by law, then discuss the relative problems. The paper contains three chapters:In Chapter 1. , the current situation is introduced simply, and the former academic achievements is reorganized and summarized, and explicate Final Administrative Discretion set by law and implicate Final Administrative Discretion is described as objectively as possible, which is the base of further discussions.In Chapter2. , the factors involved Final Administrative Discretion are analyzed firstly; the author try to find the original intention of the system from the aspects of the thought of scholars and consideration of legislators. There are reasons for implicate Final Administrative Discretion, some of which are raised to draw more attention and further discussion. In any case, the system of Final Administrative Discretion is deficient. The author analyze the advantage and disadvantage theoretically and practically, which provide the theoretical base for the designing the system.The definiteness of legal rules does not provide the rationality for Final Administrative Discretion. In Chapter3. , the reasons of appearance and its disadvantage are analyzed descriptively, and a few advices and suggestions are raised on base of the former discussion and administrative relief and judicial system in foreign countries. The viewpoints are following: Final Administrative Discretion is set by national congress and its standing committee if Final Administrative Discretion is kept; Final Administrative Discretion is cancelled if the conditions are mature, at least it is the court that reviews the legality of administrative judgment; the combination system of exhaustions of administrative relief and the final judicial judgment is set in order to protect the interest of citizens/legal persons and other organizations sufficiently.