Moderate Control Of Administrative Discretion In The Perspective Of Substantive Rule Of Law

The ancient greeks stretches so far, the rule of law has been basically the world as its governing strategy, its main purpose is to restrict power and secure rights. Administrative power has always been an important part of the state power, administrative discretion is the key of the administrative power. Therefore, in the academic level, this article should take the rule of law as a logical starting point and then deep drilling fine grinds to tap essence rule of law and the administrative discretion the theoretical framework of the basic content, to explore the rule of law as in real guidance, the administrative power, administrative discretion of moderate control of multiple path.At present, our country is in the socialist legal system construction and the rule of the critical period.In2011, the government work report and the"twelvefth five years plan" in the rule of law and the power regulation also made a programmatic requirements. Needless to say, our country as a list of high-speed train travel through the socialist road of the rule of law, how to apply law guarantee their safety, stable operation.and how apply the rule in essence under moderate control of administrative discretion, having already been the trend of the period, the top priority.This paper mainly consists of five components, the first part of this paper briefly describes the respectively administrative discretion and essential legal system based on the related theory, and the relationship between the release the life-cycle analysis. The second part of the article analyse China’s administrative discretion performance and negative effects. The third part of the article deepen our understanding of problems as a starting point, analysing the cause of administrative discretion, especially our country to traditional legal culture heavy ceremony light law thought path dependence. The fourth part of the article analyse the continental law system and the British and American law system, as a representative of the common law moderate control of administrative discretion different countermeasures, and then put forward the concept of China’s brief enlightenment. The fifth part mainly analyse the causes and foreign experience, and on the basis of the rule of law as in real perspective, how to moderate control of administrative discretion is expounded, and emphatically analysing the emerging since2004administrative discretion benchmark frame content. The innovation of this paper is the essential legal system and moderate control of administrative discretion combining analysis research.Finally, this paper concluded:administrative discretion of the intention was to produce real justice as value pursuit, the purpose of the rule of law and essence request completely. Therefore, the essential legal system for moderate control of administrative discretion can provide strong support and guarantee, and as far as possible in order to achieve the goal realization and the administrative protection of the interests of both for roughly balance "degree", so as to promote administrative law gradually by the "law" to "balance method" optimizing direction. Finally, stable, sustainable development for our socialist legal civilization, political civilization construction will provide microscopic and strong boost.