Analysis Of Administrative Rationality Principle

Modern administration requires law endow administrative subject the administrative discretion, which is the power that the administrative subject to do or not to do something. The administrative discretion is the action following law but irrational. SO the principle of law can not control the administrative discretion efficiently. In this circumstance, it is significant to study the principle of reasonableness, which can control the administrative discretion, protect the right of a citizen, a legal person or any other organization, reach justice or equityThe paper consists of three parts by analysis, comparative and inductive means.Part one is the principle of reasonableness procreanting inevitabily. The administrative discretion is the activest factors in administrative management, which is original of the principle of reasonableness. The administration' s technique, expanding and the disadvantage of law lead to the administrative discretion appearances. Because the administrative discretion can be abusived, the principle of law is not use in controlling the administrative discretion, so produce the principle of reasonablenessPart two is value of the principle of reasonableness. The principle of reasonableness's character is that all administrative activity must accord with justice, equity and rational. The principle of reasonableness is important in controlling the administrative discretion, which require the administrative discretion.accord with the purpose of legislate, reasonabe motivation, consider the correlation factors, accord with the administrative procedure and reflect procedure justice, the principle of reasonableness supplement the shortcoming the principle of law It realization the natural of law.Part three is the controlment of the administrative discretion. Which is a asystems engineering. The principle of reasonableness require the administrative discretion reflect the purpose, natural of law, accord with critertion of rational, enhance legislative materiality operation. Meanwhile legislate should reflect justice, equity or good law, criterion the administrative procedure realization justice of procedure, improve administrative subject's diathesis exer administrative subject flexible. Judicature should get rid of the people's court only examine the legality of specificadministrative acts. The people's court should examine Administrative discretion get to justice achieve the purpose of law.The thesis indicate that the principle of reasonableness can makeup the shortage of the principle of law in controlling Administrative discretion, protect the right of a citzen, a legal person or any other organization, reach justice or equity.