An Analysis on the Control of Administrative Discretion
Abstract
Administrative discretion means that administrative agencies can exercise their rights based on their own judgment and
actual conditions when dealing with matters that are not authorized by the law or have not made detailed provisions.The existence
of administrative discretion is not only the result of the expansion of administrative power,but also to adapt to administrative
differences in different regions and departments,and to maintain social fairness and justice.However,the existence of rights leads
to abuse and corruption,which requires the legislature to control the problem of excessive discretionary power from the source.
The administrative law enforcement agency further improves the administrative reconsideration,strengthens the selection and
supervision of the staff of the administrative agency,and the judicial agency improves the judicial review.
actual conditions when dealing with matters that are not authorized by the law or have not made detailed provisions.The existence
of administrative discretion is not only the result of the expansion of administrative power,but also to adapt to administrative
differences in different regions and departments,and to maintain social fairness and justice.However,the existence of rights leads
to abuse and corruption,which requires the legislature to control the problem of excessive discretionary power from the source.
The administrative law enforcement agency further improves the administrative reconsideration,strengthens the selection and
supervision of the staff of the administrative agency,and the judicial agency improves the judicial review.
Keywords
administration;discretion;control
Full Text:
PDFReferences
[1] Wang Wuling,Ma Licheng(2000).Some Problems of Administrative Discretion[J]. Journal of Hebei University,no.(6),pp.98-102.
[2] Liu Mingbo(1990).Theory and Practice of Administrative Supervision abroad[M]. Jinan:Shandong People’s Publishing House.pp.65.
[3] Shen Fujun(1995).On Administrative Discretion and its Control[J]. Politics and Law,no.05,pp.38-41.
[4] Lian Zhenlong(2017).Research on the Power Structure and Its Operating Mechanism of the Communist Party of China[D]. Lanzhou University.
DOI: https://doi.org/10.18282/l-e.v9i4.1694
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