Judicial Control on Administrative Discretion:An Interpretation of Article 5 and 54 of Administrative Procedure Law

The judicial control on administrative discretion is a key issue in administrative procedure for all states.Judicial review is an important measure to supervise and control administrative discretion,but not provided specifically in Administrative Procedure Law of China.Scholars and practitioners tried to seek for basic provisions of control on articles 5 and 54,but had not reached an agreement.Such turbulence should be solved by inquiring the requirements of administrative discretion and amend Administrative Procedure Law.