Origin Tracing and Mode Construction of Judicial Review of Administrative Discretion Standard

Being as an innovation type of ‘administrative self regulation', the administrative discretion standard develops day by day in the administrative law enforcement practice in China, attracting the common concern from both the administrative law theory circle and the judicial circle. However in administrative trial practice, since the administrative discretion standard possesses both natures of ‘law origin' and ‘object', whether it can be judicial reviewed as the object and how to review become two puzzles for the carryout of administrative trial of the people's court. Hence, beginning from the administrative trial practice, this paper, by using of ways of empirical analysis and comparative analysis, makes a comprehensive analysis and discussion of the judicial review of the administrative discretion standard. Based on the entire vision of related mode construction, this paper proposes some detailed ideas and suggestions from aspects of review principles, degrees, levels, etc. in order to build a set of rules and procedures within the current legal framework from the angle of administrative trial practice.