The Theoretical Dilemma of Criteria of Administrative Discretion and Its Solution

The rise of administrative discretion criteria is a positive response to the call of fair execution of law,and a measure of self-protection of administrative organs against social capitals.It reflects the weakening of rule under law and should be the core controlling measure on administrative discretion.Intellectual resources for discretion come from local knowledge rather than professional wit,thus grassroots administrative organs should be recognized for their power to create such criteria.As a type of administrative rules with normative and explanation function,administrative discretion criteria get its externality.Such phenomena are worldwide and it became less and less important to differentiate fact binding and legal binding nature of discretion criteria.The study of theoretical dilemma and its solution will sweep the barriers for the transition of the study on administrative discretion criteria.