2013Anti-corruption and Integrity Culture StudiesRequires access

Key of Anti-corruption:Regulating Administrative Discretion

HU Yiw

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Abstract

Because administrative discretion may lead to recklessness and arbitrary,it has become a serious corruption area.Consequently,the core of anti-corruption lies in regulating administrative discretion to guarantee its running under the rule of law.The regulation of administrative discretion is a compound mode,including the legislative regulation,administrative regulation,judicial regulation and right regulation.However,different ways of regulation have their own limitation which is powerless in regulating administrative discretion.Public participation,a projection of democratic theories in administration,has its own distinctive functions and advantages in the expression of public opinions,coordination of interests and procedural justice,which can be an effective way in regulating administrative discretion.The system construction of public participation and the perfection of participation procedure can be an effective pattern in regulating administrative discretion and promoting the healthy development of anti-corruption construction.

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Because administrative discretion may lead to recklessness and arbitrary,it has become a serious corruption area.Consequently,the core of anti-corruption lies in regulating administrative discretion to guarantee its running under the rule of law.The regulation of administrative discretion is a compound mode,including the legislative regulation,administrative regulation,judicial regulation and right regulation.However,different ways of regulation have their own limitation which is powerless in regulating administrative discretion.Public participation,a projection of democratic theories in administration,has its own distinctive functions and advantages in the expression of public opinions,coordination of interests and procedural justice,which can be an effective way in regulating administrative discretion.The system construction of public participation and the perfection of participation procedure can be an effective pattern in regulating administrative discretion and promoting the healthy development of anti-corruption construction.

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Available abstract

Because administrative discretion may lead to recklessness and arbitrary,it has become a serious corruption area.Consequently,the core of anti-corruption lies in regulating administrative discretion to guarantee its running under the rule of law.The regulation of administrative discretion is a compound mode,including the legislative regulation,administrative regulation,judicial regulation and right regulation.However,different ways of regulation have their own limitation which is powerless in regulating administrative discretion.Public participation,a projection of democratic theories in administration,has its own distinctive functions and advantages in the expression of public opinions,coordination of interests and procedural justice,which can be an effective way in regulating administrative discretion.The system construction of public participation and the perfection of participation procedure can be an effective pattern in regulating administrative discretion and promoting the healthy development of anti-corruption construction.

Key concepts: Discretion, Administrative discretion, Judicial discretion, Administrative law, Language change, Political science, Rule of law, Business

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