The Judicial Control Of Administrative Discretion

Administrative discretion is the core content of modern administrative law,because the framework and content of China’s administrative legal system are mainly to provide principled guidance and purpose orientation,so that the administrative organs have much room for discretion in the process of using administrative power.In order to prevent the abuse of administrative discretion,it is necessary to adopt a certain control mode to achieve the balance between administrative discretion and legal principles and rules.The mode of judicial control of supervision is to review and judge the process and result of exercising administrative discretion of the administrative organs,according to the pre-standard of the Administrative Procedural Law.Establishing post-mortem supervision and correction mechanism is an important part of the diversified mode of controlling administrative discretion.As a neutral adjudicator,the judiciary makes judgments based on facts and legal rules,conducts case-by-case trials with the help of adjudication rules and review techniques,to safeguard the legitimate rights and interests of administrative counterparts,and regulate administrative discretion within the space of the rule of law.The relationship between legislation,administration and justice is the foundation of a country’s administrative rule of law orientation,and the country’s concept of rule of law determines the path of regulating administrative discretion.So it is necessary to clarify the way forward of the rule of law in our country before talking about the mode of judicial control of administrative discretion.We need to delineate the concept and extension of administrative discretion,the judicial control and explore the relationship between discretion and the rule of law.The core goal of judicial control administrative discretion is to lead the exercise of administrative discretion to rationalization,to promote the gradual improvement of the irregular space of administrative discretion,such as scope,examination standard and intensity of examination through the post-mortem supervision mode.We can explore how to better guide administrative power in judicial control,so as to promote it to play the role of maintaining order,serving the people and preventing risks.