On Administrative Discretion And Its Control

As the core content of modern administrative law, administrative discretion is an important power that authorized by law to the administrative organ .With the development of modern society, the administrative discretion presents a trend of expansion. The existence of the administrative discretion, on the one hand, meets the need of the development of modern society and the promotion of administrative efficiency; on the other hand ,the abuse of the administrative discretion in pratice will bring serious negative effect. If it was exercised properly and rationally, it would promote and gurantee the rule of law, but its expansion and abuse will threaten the rule of law seriously. How to control the administrative discretion effectively to make it serve the society best has become a very important question in modern administrative law area. The paper analyzes the presentation and damages of the abuse of administrative discretion and probe into the way of control administrative discretion by reconsideration of the conception and necessity of administrative discretion.