The Research On The Administrative Procedure's Control To The Administrative Exertion

With the development of the society, the administrative discretion is enlarging constantly. The logical, measurable exertion of the admimstrative discretion is very important for the promotion and ensuring of the law. But the misplacement during the exertion do much harm to the legal exertion. How to control the administrative discretion effectively has become a important problem in modern administrative law. This paper pay great attention to the control of the admimstrative discretion from the opinion of the administrative procedure. Through direct interlocution of the both sides of the administrative law, the administrative procedure could control the justifiability of the administrative discretion. As a result, the administrative procedure is a ideal pattern of controlling the administrative discretion.This paper is consisted of three parts. The first chapter studied the definition and classification of the administrative discretion. Also analyze the necessity of its existence. From the hazardness of the abusing of the administrative discretion, emphasized the necessity of its control. The second chapter analyzed the academic basis of controlling the administrative discretion by the admimstrative procedure. Compared to the traditional control pattern , listed the unique importance of controlling the admimstrative discretion by the administrative procedure. The third chapter analyzed the importance of the administrative procedure's control to the administrative discretion. Also, the writer pointed out some related problems which ensure the validity of the control of the administrative procedure.