A Study on Discretionary Right in Administration of Social Security—Based on the Construction of Discretion Standard System

摘要

The power of administrative discretion is the future as well as the core of modern administrative right. The exercise of administrative discretion has the dual nature. On one hand, it is the guarantee of the administrative efficiency; on the other hand, it provides possibility of the abuse of power. When the government confirms and issues social welfare, such as endowment insurance, work-related injury insurance and comfort fund of natural disasters, its administrative discretion and the responsibility to take the discretion of wide issues has become an important condition. Because of inclination of being abused and the possibility of aggression upon administrative related party, it is urgent to take a reasonable regulation and establish a scientific and effective system. Starting from the internal control in the administrative organs, this paper mainly discussed the effective regulation on the discretion in the administration of social security.