Legal Control Of Administrative Discretion

Follows the modern society swift development, the administrative scope expands unceasingly, the Official organization and the adjustment social life s function and the jurisdiction scope expand unceasingly, the government jurisdiction s expansion makes the administrative authority to expand rapidly, the administrative authority expands the performance is the Administrative organ has the huge freedom to decide after deliberation the power. As China's economic development and social progress, the continuous expansion of executive power, executive discretion has its existence and development of theoretical and practical necessity, but the abuse of discretion of administrative and legal system has become an important issue to be resolved. How to give necessary and sufficient administrative body discretion, while yet to avoid the abuse of such power is the focus of administration according to law. Administration according to law only requires the Chief of the main activities in the administrative discretion effectively the dynamic role, but also requires the abuse of adminitrative discretion on the conduct of necessary and reasonable control.In this paper, the definition of administrative discretion to start, through the existence of administrative discretion and the necessity of administrative discretion to analyze the problems and learn from the West of administrative discretion in the regulation of some of the characteristics of our country should be made Legislative, executive and judicial are three aspects of administrative discretion for legal control. Proposed multivariate control process, while paying attention to the role of executive incentives. The formation of a broader and unified control mechanism of administrative discretion, in order to help strengthen the administration by law, to play in China's administrative discretion in the administration building of the positive role of the legal system.Part 1:Mainly discusses the related administrative discretion concepts, theories, and its necessity, building this paper theoretical framework.Part 2:Analysis of China's administrative discretion existing problems. Part 3:Foreign administrative discretion control theory, find out of Chinese administrative discretion enlightenment.Part 4:The administrative discretion proposed the feasible methods of legal control...