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On the Administrative Discretion Power

Author: YangWenTao
Tutor: LiuYuanZheng
School: Ocean University of China
Course: Constitutional and Administrative Law
Keywords: Administrative discretion Abuse Regulation
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 101
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Abstract

With the promotion of administrative reform, the executive power has become the focus of attention. As one of the core content of administrative discretion of the executive power will certainly be more compelling. Makes the administrative discretion of the particularity of the executive power is widely present in the entire field of administration, but also become an important symbol of the development of modern administrative law. In order to improve administrative efficiency, in order to adapt to the requirements of the modern administration, administration according to law, must be expanded administrative discretion. The flexibility of administrative discretion, determine its easily abused. Abuse of administrative discretion inevitably cause against the legitimate rights and interests of the administrative relative person, and thus constitute a threat of administration according to law. Therefore, administrative discretion is a double-edged sword. With the rapid development of society, the role of administrative discretion has become more important in order to prevent the abuse of administrative discretion, academia continue to expand the study of administrative discretion. It can be said that now is the age of both development and regulation of administrative discretion. Therefore need a comprehensive and systematic understanding of administrative discretion. This paper is divided into five parts discusses the administrative discretion. The first part introduces the basic theory of administrative discretion. A general description of the administrative discretion to do. Below to expand further exposition to make full bedding. The second part analyzes from three relationships of administrative discretion, the relationship between the rule of law and the rule of man, public power and private rights relations as well as the administrative power and judicial power relationship between the three types of relationships to analyze administrative discretion. A simple analysis of administrative discretion to may slightly isolated, the administrative discretion to examine on several relationships, can more clearly determine the administrative discretion positioning, easy to understand more fully the administrative discretion. The third part introduces the running of administrative discretion. Including the discretion to run the basic principles of running the program specification, and a simple analysis of the process through a case. The running of the administrative discretion administrative discretion to play a substantive role in the process, and only by understanding the specific running of administrative discretion in order to understand the administrative discretion how to play a specific role and bring the possibility of abuse. The fourth part introduces the abuse of administrative discretion, in the part of the major is a combination of specific cases of abuse morphological analysis. Abuse of administrative discretion is the negative impact of administrative discretion set about the specific circumstances of the abuse of administrative discretion to limit administrative discretion, so as to protect the legitimate rights and interests of the administrative counterpart. The fifth part only from the point of view of the administrative body to analyze some of the specific measures to regulate administrative discretion. The administrative discretion regulation measures necessary for the proper use of administrative discretion of the administrative authorities.

On the Administrative Discretion Power

Abstract

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