| Research on administrative discretion is one of the core and very practical subject of administrative Law. Because of all sorts of reasons, generally speaking, in our country, the research in this field lags behind researches on administrative Law, which already directly influences the legal control of administrative Discretion.Through analyzing the related subjects in U.K., U.S.A., Germany and Japan etc., this article carries out researches focused on respects such as noumenon, existence, operation and legal control of administrative discretion. In the end, the general conclusions are drawn as:Administrative discretion is the powerof subjective choice under the standard control both objectively and subjectively. The keys to understand the controlling scope of administrative discretion are to understand correctly the standards of limitation, and to distinguish the formal scope from the substantial scope of administrative discretion.Administrative discretion is the right under the control of rule of law, and is the helpful implementation to the rule ofIIADMINISTRATIVE DISCRETIONABSTRACTlaw. It is required by the nomocracy construction in the law fields to add administrative discretion into law system.To carry out legal control on administrative discretion has its double goals. To define correctly the administrative discretion in the existing district of sub-action of administrative behavior, is the key to define the scope of judicial review. The legal control on administrative discretion is a kind of tridimensional and comprehensive control, including administrative self-control and control from outside. The practical controlling methods are different in different nations?environment. In the end of the article ,the author analyzes the reasons why the theoretical research and legal control in China lags behind those of other nations.ChenYing (administrative law)Directed by桯aikun yang... |
