Analyses on Administrative Discretion and Its Stiputation by Law

Discretion is the core of administrative power and represents the characteristic of modern administration. Discretion is the inevitable tendency of dynamic administration and it is necessary for its wide existence in modern legal society. However, discretion has two sides of the same coin in reality and it is easy to lead to the abuse of discretion in practice, thus destroying the legal administration. Therefore it is the necessity to stipulate discretion in modern legal society. The essential approach is to establish a complete legal system, including stipulation by law, self administrative control and judicial investigation.