On The Administrative Discretion

Abstract In administration, discretionary power coexists with imperative power. Both of them occupy a position of significance. But compared with imperative power, which requires public officers to act in line with fast or hard rule, discretionary power is one which allows public officers to act in an official capacity in a manner which appears to be just and proper under certain circumstances. There is no clearly defined law or rule to guide such discretionary act , In the course of discretionary action, public officers will face two or more alternative decisions. And it's often hard for them to decide which one is better or more proper. How to exercise discretionary power properly thus becomes a difficult problem. This thesis discusses this problem and offers some suggestions. The thesis consists of the following four parts: Part one defines discretionary power and states the reasons why it exists so widely and is exercised so frequently: Part two puts forward the criterion of rationality. This criterion can ensure discretionary power be exercised rationally and properly. This part also enumerates some cases, which are involved with abusing discretionary power. Part three focuses on solving the problem how to make public officers abide by the criterion of rationality when they exercise this power. Part four gives some suggestions that should help discretionary power be exercised more properly in China.