Due to the transformation of legal concept from "formal Rule of Law" to "Substantive Rule of Law", the legislature admitted the dynamic effect of administrative organs in their law enforcement process gradually. The administrative organs are given a limited administrative discretion and they have to make a rational judgment about the individual circumstances of each case. But the administrative activities prove the existence of human relationship, the irrationality and the external pressure of the administrative law enforcement officers leads to the abuse of administrative discretion. In order to prevent the abuse of executive power. In the process of the administrative organ’s self regulation, A new kind of system-administrative discretion benchmark system, It is starting to take center stage. It is presented by the rule-published of the administrative organ. It is really effective in preventing the abuse of discretion and ensuring the realization of administration’s efficient value. On the other hand, it is still not mature enough to avoid the queries. Such as its legal effect, range, judicial review system and so on. They brings some challenges for the construction of the administrative discretionary benchmark system, but we should recognize the necessity of it and prepare to develop it into a reasonable direction by design a perfect system.This paper includes five parts. The first part is the explanation of theoretical basis of the administrative discretionary benchmark system, on the meaning and characteristics, origin, theoretical basis of administrative discretion benchmark, its theoretical basis and the substantive rule of law background.The second part is to analyze our country’s existing administrative discretion benchmark by empirical analysis, summarize its positive significance and limitations.The third part is to list the theory of western administrative discretion benchmark which is relatively mature, and point out that the better rules to provide lessons for our own discretion benchmark system.The fourth part is to analyze the administrative discretion benchmark system in our country, this part put forward the suggestions from its obligations and requirements, public participation, public system, equality of discretion benchmark of our country’s administrative discretion benchmark system.The last part is the explanation of judicial review system of administrative discretion benchmark system. On the basis of the effectiveness of the administrative discretion benchmark, this part divided the judgment and the object into two parts, it draws lessons from foreign judicial review system to design the system.The innovation of this paper is researching on the administrative discretion standard in the perspective of the substantive rule of law, Through referring administrative discretion benchmark system in foreign countries, I will offer some Suggestions to the administrative discretion benchmark system in our country,I hope the development of the discretion benchmark system tend to be more good and reasonable. |