In fact and in law, we have to admit that the administrative organ enjoys a certain degree of behavior choice, that is, discretion. But at the same time, because the administrative discretion is less bound by law,
Having the consequences of abusing facts or specific administrative acts in obviously unfair. In order to understand the function of discretion, it is necessary to strengthen the control of discretion and put forward the principle of rationality of administrative law enforcement.
Extended data:
The opinion pointed out that the education administrative department of the people's government at or above the county level is the main body of education administrative law enforcement. All localities should comprehensively sort out matters such as administrative punishment and administrative inspection according to the provisions of educational laws, regulations and rules, clarify the main body of responsibility, and refine the division of tasks.
Fully implement the law enforcement responsibility system. Before the end of 2020, it is necessary to formulate and publish a list of law enforcement matters and establish a dynamic adjustment mechanism. The "Opinions" also proposed to establish a notification system for major educational violations and a key supervision system.
The State Council and the provincial education administrative departments and education supervision institutions shall, jointly with the relevant departments, supervise and supervise the cases of illegal education that have a significant impact, and report and deal with the cases of illegal education that the local governments and relevant departments fail to perform their law enforcement responsibilities and thus infringe upon the vital interests of the masses.
References:
Baidu encyclopedia-education administrative law enforcement