The Legalization Of The Administrative Discretion In The Rule-of-law Government Perspective

Administrative discretion stands a very importent part in administrative law as a form of administrative power."Administration by Law" is a basic requirment of Rule-of-law Government. As a curcial part in Rule-of-law Government,the legalization of administrative discretion will be a inevitable consequence. From the standpoint of legalization of the administrative discretion,this article try to discuss and answer following questions:First,the conception of administrative discretion; Second, whether should we regularize the administrative discretion;Third,the status quo of the administrative discretion of china;Fourth,how to construct a reasonable administrative discretion legal systerm.This article divided into following parts:Firstly,the conception of administrative discretion.administrative discretion if a foreign conception,and the research around this conception in china is still not further enough.The first step of construct a reasonable administrative discretion legal systerm is to have a definite conception,so that we can have a clear understanding of the boundary of the administrative discretion.Secondly,the restriction beforehand for the administrative discretion.administrative discretion is a procedure,so This article will divide the procedure into three parts,restriction beforehand、the self-control and the code during the procedure、remedy for the administrative dsicretion afterwoards.This part is focus on the restriction beforehand,including the legislation and abstract administrative act that relative to the administrative discretion.Third,the self-control and the code during the procedure.though the restrict beforehand provide substantive law for the administrative discretion,but how to guarantee the the subject of Administration obey the substantive law is more importent.This part focus on the subject of Administration self-control and the procedural law of the administrative discretion.