Legal Regulation Of The Abuse Of Administrative Discretion In China

With the rapid development of economic and society,the state regulation and control permeated into all walks of life,continuing to affect the improvement of social and economic life.In order to improve the administrative efficiency and better deal with the blank area of the administrative action brought from the limitations and the lagging nature of the law,the law gives the executive administrative discretion,to provides more space and flexibility in the administrative act.Worthwhile,due to the flexibility of administrative discretion,it is prone to abuse and corruption in actual administrative behavior.Nowadays,the state administrative action plays a significant role in the national economic life and it is closely related to the legitimate rights and interests of the people.The control of the administrative discretion is not only an important subject of science of law,but also one of the important propositions of administrative legal system in our country.In this paper,through the theory combined with the actual case,to research the abuse of administrative discretion and the problem of,the paper is divided into five parts:The first part discusses the meaning of the topic and the review of literature at home and abroad.The second part elaborates the theoretical basis of the administrative discretion,the causes and the principles of the requirements and other related theories.The third part analyze the abuse of administrative discretion from the respect of administrative range,the choice of behavior,the identification of the facts,to make specific administrative behavior time,decision in whether to implement combining of the actual administrative case of our country.The fourth part analyzes the causes and the current situation of control of administrative discretion in China from four aspects: legislation,judicial,administrative internal supervision and administrative procedure.The fifth part explained that by strengthening legislation,improving administrative law,improving the judicial system and judicial standards,improving the quality of the administrative subject,the implementing the administrative review system,we can constraints administrative discretion and control it well.