On the Structure of Administrative Discretion

Recognizing the structure of administrative discretion is a premise to cognize and control it. In the view of legal norm structure and the psychical process of applying legal norms, no matter interpreting uncertain legal concepts or evaluating case facts in the legal elements, or making a decision or choosing measures in the legal effect, there contain the administrative discretion. The same essence of discretion of both legal elements and legal effect exists in definition and supplement of legal elements. The difference of them is only the extent of freedom. Administrative discretion is the freedom to make legal effect certain by analogy and supplement of legal elements when administrative subject applies legal norms into case facts, the reason of which is the eternal tensility between norms and facts.