On The Perfection Of China's Administrative Discretion

Since the 20th century, has been following the executive power expansion, the administration decides after deliberation the power to become the executive power important constituent freely, this also is the contemporary administrative law development important characteristic.In the administrative society, the administration freely decides after deliberation the power the expansion also is legally the irresistible historical development tidal current.The modern administrative law is precisely decides after deliberation the power in the administration the unceasing expansion with freely to decide after deliberation in freely the advancement to the administration which the power the control strengthens unceasingly to obtain the development The administration, the construction socialism country under the rule of law also should accept the widespread administration legally to decide after deliberation the power freely, but does not allow the administration to decide after deliberation the power to lose control freely.How discusses the standard, the control administration decides after deliberation the power freely, causes the administration to decide after deliberation the power the movement to be able freely to conform to the socialist market economy need, serves well for the modernization, lacks the government by law tradition in our this the country to have the practical significance especially..The paper basic structure divides into four parts:The first part introduced the administration decides after deliberation the power freely the elementary theory. Through analyzes the Chinese and foreign law educational world to decide after deliberation the power implication freely to the administration the limits, further was clear about the administration to decide after deliberation the power freely the concept, namely the administration decided after deliberation the power is freely the administrative main body in the legal rule jurisdiction scope, lacked the bridle in the administrative authority to tie in the stipulation situation, by the administrative main body according to the legislation goal and the fair reasonable principle, the union concrete situation, chose, the judgment, the decision voluntarily makes the legitimate suitable administrative action the authority. And further analyzed the administration to decide after deliberation the power freely the characteristic and the classification.The second part analyzed the administration freely to decide after deliberation the principle which the power existence the necessity and exercised should follow.Namely its existence may make up current legal the insufficiency, is advantageous in enhances the efficiency, is advantageous to enhancement administrative organ's strain capacity.Elaborated the administration freely decides after deliberation the basic principle which the power exercises should follow: Rational principle, valid principle, equal principle, proportion principle, potency principle, good faith principle.The third part decides after deliberation the power through the analysis administration freely to decide after deliberation the question freely in our country law manifesting with our country administration which in the power monitoring exists, decided after deliberation the power disassimilation to our country administration the reason to carry on the profound analysis freely.The fourth part is this article key point, the author unifies China's realistic situation, from the standard administrative legislation, the consummation judicature review mechanism, the strengthened administration internal control, the consummation administrative legal system surveillance system four aspects proposed consummates our country administration to decide after deliberation the power system freely the conception. Consummates our country administration to decide after deliberation the power system freely the goal, lies in the standard administration to decide after deliberation the power freely the reasonable movement, the active control administration decides after deliberation willful, enables it to display the positive role in the construction socialism country under the rule of law.