Definition and Control of Administrative Discretion without Law Basis

Administrative discretion short of law basis is such a thing that administrative subject must think of some facts,select to be or not to be and how to behave in some particular urgent circumstances.There are lots of administrative discretions short of law-basis because that law has two characteristics: hysteresis and incompleteness.According to the legalism theory,Administrative discretion short of law basis is illegal and should be forbidden.However,the essential legal system don't think so.Administrative discretion short of law basis can be tolerated and exit to a certain degree if they have foundation of justice.They demand satisfying the following rules: equity and social justice,national security,social stability and individualize justice.Besides,being based on principles governing and accompanied by reason-giving system are so necessary when supervised by the authority or judicial organs.