Research On Standard For Administrative Discretion

Wade, the famous British administrative legal scholar once said:" Discretion is the core of administrative law." As an important political power, administrative discretion rights need to be limited, because any kind of unlimited power will inevitably lead to despotism. Specification and control of administrative discretion is a timeless topic, legislative and judicial control of the external control play a role at the same time, the basis of the administrative discretion of the internal control is increasingly subject to public concern. Because the legislation and judicial control has their shortage make them difficult to reach good control effect, and the benchmark has great advantage which the two control methods can not be compared, it can be proved in practice. The benchmark of administrative discretion is such a rule, it will be the legislature of authorized legislation to wholesale type decomposition, make more detailed standards, this paper will discuss how to decide the standard and who set the standards, and so on.