The Control Of Administrative Discretion From The Perspective Of Welfare Administration

For the control of discretionary power,the current research on the control of discretion mainly focuses on the field of order administration.With the increasing importance of payment administration,it is necessary to strengthen the control of payment administrative discretion.Based on the current situation that the judicial supervision is too modest to the welfare administrative discretion in practice,this paper studies how to strengthen its control.Firstly,it summarizes the concept of welfare administrative discretion by analyzing the development of service administration and the concept of administrative discretion.Then discuss whether it is necessary to carry out judicial review.The author discusses it from the perspectives of protecting the interests of administrative counterparts,the need to build a service-oriented government and the advantages of judicial control.Second,judicial review of the current status of welfare administrative discretion.Through case analysis and summary,it can be seen that the administrative discretionary review of judicial review benefits is excessively modest,including problems such as narrow scope of review and unclear review standards.This is mainly due to the decentralization of legislation in the field of payment administration and the passive review of normative documents by the court.Thirdly,learn from the experience of foreign review.The United States effectively protects the citizens’ right to welfare through the due process and the principle of equality in the constitution.Japan draws lessons from the evolution of judicial review of its life protection benchmark and the intensity of judicial review,and draws lessons from the control experience of China’s payment administrative discretion.Finally,we should strengthen the control of payment administrative discretion through the review intensity typology and the legal principle of cause as the review criteria.Drawing on the foreign countries’ typed review methods of discretion,the author also tries to classify the judicial review intensity of payment administrative discretion,and explains the review objects and specific standards of different review intensities.