The Concept Of Uncertain Legal And Administrative Discretion

At first, this article analyzes administrative law-application. Then, the author expounds the imprecise legal concepts and administrative area of judgment; administrative discretion and the space of discretion; the imprecise legal concepts, administrative discretion and the intensity of judicial review, and explains the relationship between legislative powers, administrative powers, judicial powers and civil rights.This article consists of four parts. The following is the summary of the article.Part 1: Administrative law-application.This part analyzes the logical structure of the provision of law and the process of administrative law-application.Part 2: The imprecise legal concepts.This part analyzes the imprecise legal concepts and the principle that a law must be definite, expounds the theories of the imprecise legal concepts, analyzes the imprecise legal concepts and the intensity of judicial review, and ponders the danger and the methods of interpretation of the imprecise legal concepts.Part 3: Administrative discretion.This part analyzes the meaning, nature and classification of administrative discretion, expounds the theories of administrative discretion, analyzes the principle of rule by law and administrative discretion, inquires into the legal controls on administrative discretion, and introduces a theory about administrative discretion's moral principles.Part 4: The imprecise legal concepts and administrative discretion.This part inquires into whether to have a difference between the imprecise legal concepts and administrative discretion, analyzes that the imprecise legal concepts interweave with administrative discretion, and expounds that the legal cost of the imprecise legal concepts and administrative discretion has an influence on selecting the legislative styles.