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On the Control of Discretionary Power of Administrative Supervision in China

Author: JinXuHua
Tutor: ChenYuXiang
School: Hunan University
Course: Administrative Law
Keywords: Administrative supervision Discretionary power Abuse Control
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 93
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Abstract

The discretionary power of administrative supervision is an important right of the Supervisory organ, but it’s also a double-edged sword: on one hand, its application can improve supervision efficiency, enhance the administrative supervision management and help the launch of administrative supervision work; On the other hand, its abuse could significantly damage the legal rights of the object of supervision and damage the dignity of the law and administrative discipline, therefore, it’s necessary to control it properly.The discretionary power of administrative supervision in China has the characteristics of the executive agent like the unity of the party and the government and it’s unarguable, the possibility for its abuse is much bigger than other discretionary power. Since the launch of supervisory organ, our nation has adopted various strategies such as enhancing the entity, legislative procedure, legalizing the discretionary power of administrative supervision, routinizing and controlling the abuse of discretion of administrative supervision from the inner procedure, to against the abuse of the power, but there are still many problems in the applying of the policy, such as the incompleteness of the administrative supervision legal system, over-privilege and incapability to control the power, low transparency in the applying of the power and so on, all of these lead to the occurrence of some cases in which the discretionary power of administrative supervision is misused to benefit some people.To prevent the discretion abuse, the king of the past initialed many strategies to limit the power of supervision, those strategies worked well in limiting the discretionary power, and to a certain extend prevented the abuse of discretion of administrative supervision, and worked as good examples for the study of discretionary power of administrative supervision of today, similarly, the strategies adopted in western countries and Hong Kong also functioned as good example.Considering the actual conditions of our country and using the successful experience of the past of our country as well as western countries and Hong Kong as our reference, we can enhance the legislation of administrative supervision, build up a responsibility system for administrative supervision, launch a system where National People’s Congress supervision is the same level as administrative supervision, establish a system where media supervise and the public take part in, put the discretionary power of administrative supervision into judicial review, and set up the admittance, elimination and ensuring policy for the administrative supervision staff to enhance the control of the discretionary power of administrative supervision and prevent its abuse.Despite the fact that the study of discretionary power of administrative supervision and the policy establishment in our country is on the early stage, we believe that with the development of anti-corruption work and the growing awareness of the rights among the public, the discretionary power of administrative supervision will be further standardized and perfected.

On the Control of Discretionary Power of Administrative Supervision in China

Abstract

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