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The Existing Problems and Countermeasure Analysis of Administrative Discretion Use in the Implementation of Public Policy

Author: HuangDongMei
Tutor: TangHao
School: Xiangtan University
Course: Administration
Keywords: Administrative discretion Policy implementation Public policy Regulation
CLC: D63
Type: Master's thesis
Year: 2012
Downloads: 7
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Abstract


Whether it is from the perspective of the policy itself or from the complex socialenvironment, the effective implementation of public policy as authoritative publicinterest allocation program is inseparable from the administrative discretion. Theexercise of administrative discretion is not only effective to overcome the policy itselfin principle with the flexibility of the contradictory, to avoid that the policy is notreasonable, not clear, not complete and the policy implementation is inefficient andlimited cognitive ability of policy executives with the rapid social development, butalso can improve the implementation of the policy, and achieve public policy goalsand values. However the administrative discretion also has the self-expansioncharacteristic as the general powers, and it’s likely for policy executives to abusebecause of some factors. Because of policy executives’ low quality or legal defectssuch as boundaries are not clear as to the authority, the lack of discretion benchmarksand the applicable rules, the own independent selectivity, mandatory and singlefeature of administrative discretion, administrative operation mechanism is not sound,policy executives will not use administrative discretion reasonably. And it willimmediately cause policy executive deviation, failure, damage to the policy targetgroup and national interests, to undermine the authority of the government’s imageand influence policy, but also the breeding of the phenomenon of corruption andwaste of resources. In order to avoid these negative impacts, it is necessary to regulateadministrative discretion. The specific methods can be taken to strengthen the legalrules and regulations, and strengthening the supervision of administrative discretion,to strengthen the program control, strict accountability system and improve the overallquality of policy executives, etc.This article takes the literature of induction, systematic approach, behavioralscience research method, comparative study and case analysis, and by which theimportant role of administrative discretion in the implementation of public policy, aswell as the manifestations, negative impacts, the reasons and the correspondingregulation countermeasures of unreasonable use of administrative discretion in policyimplementation are analyzed and discussed. Start with an overview of the relevant theory, this paper points out that themeaning of administrative discretion and public policy implementation. Theimportance of effective implementation of public policy is put as a logical startingpoint, and then the necessity of administrative discretion in the implementation ofpublic policy is analyzed. The manifestations, hazards and the reasons ofunreasonable use of administrative discretion in policy implementation are exploredand expounded，and it reflects the importance of regulating administrative discretionin implementation of policies。At last, for the improper uses of administrativediscretion，a corresponding the regulation of countermeasures is proposed.

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CLC: > Political, legal > China's political > State administration
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