The Administrative Autonomy In Controlling The Alienation Of Executive Discretion

The strategy named Rule By Law has been put forward several decades before. According to rule by law, our government should govern by law. However, the strategy does not merely mean that our government can exercise power on the basis of superficial implication, the authentic connotation of law is not only in the legal instrument, but also in the legal principle, legal essence, else. When we deliberate administrative authority that must be exercised in the light of rule by law.We also do not look down upon administrative discretion. Administrative discretion could not be carried out effectively, if administrative organs were deprived of necessary discretion. Administrative discretion is a type of discretionary power for administrative authorities, its characteristics are unique in terms of the power source, feature effectiveness and option within the legal extent. The existence of administrative discretion has both positive function and negative influence, the way out is to control reasonably the administrative discretion. On one hand, it plays a part in improving administrative efficiency. On the other hand, it has negative influence including the inclination of being abused. In the past, the control over administrative discretion imposed by scholars is mainly in forms of Legislation control, Administrative control. Several scholars raise that the executive authorities should refine law by formulating discretion criterion. But we know that the reason why the discretion comes into being is legislative boundedness. In other words, legislation is short of ability to formulate meticulous standards. Furthermore, even if we had formulated meticulous standards, the discretion is still existent. It just means that the discretionary range is lessened. Several scholars raise that: Judicial Review should be intensified. However, Judicial Review which can bring into playing by means of executive power is external and bounded. In a word, there is no doubt that the regulation of administrative discretion is from Legislative control. Moreover, administrative discretion belongs to public functionary. For fear that it brings about any side effect, rational control, Legitimizing effect of agency discretion, should be given to discretion by way of multiple role of public functionary, insufficient logos, self-serving, executive responsibility.