Legal Aply On The Standard Of Administrative Discretion And The Possibility Of Judicial Review

As a tool for administrative discretion, the standard of administrativediscretion structure with rules, policies and orders; from the practice of ourcountry, it’s also a reflection of practice and experience. The standard with afact that it has an internal binding to the administrative organ and, indirectly, tothe outside also leads to some legal effect.The administrative organ undernormal circumstances should apply the standard, but based on the publicinterest or special circumstances of the case and after giving reasons of itsdiscretion the administrator may choose to ignore the standard. In China’sexisting institutional framework, the court can in accordance with "legal, validand reasonable and appropriate" to give the standard a limited judicial review.So the formulation and application of the standard is a cause of theadministrative rule of law, not once and for all.