An Analysis of Administrative Discretion and its Procedure Control

With the social development,reasonable and moderate exercise of administrative discretion plays an important role in promoting and safeguarding rules of law.However,the expansion of administrative discretion in the modern state power has brought some negative effects during its operation,which must be controlled.Administrative procedures set up a safe operation mode for administrative behavior to make its process open,fair and reasonable,and keep a balance of administrative power and counterpart rights and restrict the arbitrary of administrative behavior through counterpart’s procedural involvement.In order to play the effective role ofadministrative procedures,based on the analysis ofthe current legislation of the administrative procedure,the paper comes to the conclusion that the administrative procedure legislation must abandon the traditional concept of substantiality overweighing process,establish the legislation idea ofprocedural justiceand formulate a unified administrative procedural lawas soon as possible.