China's Administrative Discretionary Power Monitoring System

Follows the modern society swift development, the administrative scope expandsunceasingly, the Official organization and the adjustment social life's function and thejurisdiction scope expand unceasingly, the government jurisdiction's expansion makes theadministrative authority to expand rapidly, the administrative authority expands theperformance is the Administrative organ has the huge freedom to decide after deliberation thepower. In the modern executive power, the administration decides after deliberation the powerwidely to exist freely in the entire administration domain, is one of modern administrative lawcentral contents, is part which in the administrative authority is most unique, is mostremarkable, most makes widely known.The administration decides after deliberation the power freely, refers to the administrativemain body, in its legal within the job duty, to raise the administrative efficiency, in makes inthe concrete administrative action's process according to the legal rule, has one kind of freechoice authority. Exercises the administration to decide after deliberation the powerreasonably to be possible freely to raise the administrative efficiency, is advantageous for theadministration; But decides after deliberation the power to the administration to exercisefreely wants the suitable control, will otherwise present the administrative authorityabusiveness. Presently, our country is being in the system reforming time, the administrationdecides after deliberation the power freely in our country administration practice thewidespread existence, and presents the inflation the tendency. in 2004 issued "AdministrationTo permit that Law" controlled the administration to decide after deliberation the power freelyeffectively, but our country administrative law system was in itself not extremely perfect,abused decides after deliberation the power freely the question outstandingly, to prevent itsmalignancy to inflate and initiates the society to be contradictory, guaranteed that the socialistlegal system construction carried on smoothly. Therefore, it is necessary to decide afterdeliberation the power to the administration to conduct the research freely, controls theadministration through each kind of inspector general to decide after deliberation the powerfreely, avoids the administration deciding after deliberation the power freely abusiveness,strengthens decides after deliberation the power freely to the administration the surveillance,this to promotes the administrative law development and the maintenance Administrativeorgan's authorities and the protection administration relative person's legitimate rights andinterests enables to have certain theory and the practice value. How to exercise theadministration to decide after deliberation the power freely, how to supervise theadministration to decide after deliberation the power to become freely suspends in front of us a difficult problem. This article uses the theory and actual unifies, research techniques and so oncomparative analysis to decide after deliberation the power to the administration to conduct theresearch freely. Take the industry and commerce administration as the example, decides afterdeliberation the power freely through the elaboration administration the elementary theory andthe analysis reality existence condition, discovered that exercises the administration to decideafter deliberation the question which and the insufficiency freely in the power process appears,the analysis reason, proposed that decides after deliberation the power active oversight'ssystem freely to the administration, through the legislative surveillance, the judicialsurveillance, the administrative oversight such Trinity's surveillance measure, raises theadministrative efficiency, maintains the administrative order. The promotion Administrativeorgan standard self-administrative action, avoids harming the administrative relative person'sbenefit, takes the good service for the broad masses, completes the public servant. Hoped thatdecides after deliberation the power to our country's administrative government by lawconstruction and the reasonable use administration to have the help freely.This article is divided four parts:The first part: The main elaboration administration decides after deliberation the powerfreely the related concept theory, the construction this article theory frame.The second part: The analysis administration decides after deliberation the power freelythe control system, mainly analyzes the administration to decide after deliberation the powerfreely the legislative surveillance, the judicial surveillance, the administrative oversight. thethird part: Question which and insufficiency manifests through the industry and commerceadministration process, analyzes our country administration to decide after deliberation thepower control system existence question freely, mainly analyzes our country administration todecide after deliberation the question which freely the power legislation surveillance, thejudicial surveillance, the administrative oversight exist, and carries on the reason analysis onthe question.The fourth part: In the question and in the reason analysis foundation, proposed thatconsummates our country administration to decide after deliberation the power controlsystem's countermeasure freely.