Study On The Abusing Of The Administrative Discretion By The Civil Servants In Chinese Townships And Control Of It

The agriculture,rural area,peasant is important for our country,therefore, promoting its harmonious and steady is presupposition that realize development and stable for our country. Research how to urges townships civil servants exercise administrative discretion lawfully is essential to solve this problem.In Part I, has introduced the concept of the townships civil servants and administrative discretion,then has introduced discretion's characteristic ,principle and the existence necessity,has analyzed the relation between the townships civil servants and the discretion , has been the problem suggesting that and has solved having establish a rationale.In Part II, main briefly introduce our country townships civil servants abuse discretion process,including law-enforcement procedure arbitrarily amounts, enforce the law with violence ,fining administrative allocation take the place of punishing, poor efficiency and so on. There are many reason, laws and statutes hiatus, judiciary restrict the cause there existing much problem, the construction of the townships civil servants team is weak, rule by man in the country is serious, these are the chief causes.In the third part, analyzing the necessity of standardizing townships civil servants abusing discretion. The townships civil servants abuses discretion causing very big negative effects on society , it will lead to turbulent of country even complete society;cause corrupt, destroying the Party and the government's figure, make the government face the legitimacy crisis; block the policy carrying out and be put into effect, hindering the process of govern according to the law. In view of the negative effect that brought by abusing discretion , from defending legislation original intention and the people benefit mainly , we must restrict it, it is also providing in order to supply condition which is beneficial to promoting social stability developing, especially for the govern by the rule.In order to urging the townships civil servants apply discretion lawfully, part IV has put forward the system that standardize the townships civil servants. First, consummating the law. Accelerate to put the administration procedure law into effect. Administration procedure law is good to protect the opposite person to the administration 's lawful right and reforce supervising .Our country's administrative procedural lawought to include information public rules,hearting of argument rules,rules of neutrality and so on. We should quickly draft civil servant law's supplementary measure and rules of implementation, it is convenient for operating and executing, enhancing law's wording's compact. Second, consummating the townships civil servants 'construction .We must pay close attention to "taking that the agriculture builds , sets up for this "townships civil servants the type government's construction, set up concept which is base on peasant;reinforcing construction of townships civil servants team ,must very critical to entrance , attach importance to training and examining , improving pay , attracting talented person ;founding the villages and towns government and the public servant's double responsibility system , realizing responsibility administration. Moreover, perfect the sepsis superintending system, guarding against the townships civil servants' discretion. Need to change the traditional ideas. build supervision system. According reinforce judicial office's independence and procuratorate's public prosecution right,building consult rules in order to control administrative right. Promoting country grass-roots unit democracy's developing, unblocking channel, bringing out peasant's main part position, protecting the peasant's lawful rights. Improving peasants' artistic appreciation,law quality and politics quality, looking for the spokesman ,carry out decision-making through agriculture policy listens to certificate system , reforms petition letter system currently in effect, strengthen peasant's supervision. Medium public opinion supervision is also rather important; the medium should make use of its advantage to protect the peasant's lawful rights. Internal supervision of administrative organ also can carry out supervision on townships civil servants, including that administrative reconsideration, administration arbitration and supervising system. By perfecting forcefulness superintending system take form condition.The townships civil servants abuses discretion, it must get sufficient keeping ,defends peasant masses lawful rights, makes country policy get fairly good carrying out and be put into effect,provides the fine order and environment to development and stability.