On judicial control over administrative discretion -: by analyzing Chinese Administrative Litigation Law

The widespread existence of administrative discretion is favorable to the administration organ to exercise the administrative power actively; on the other hand, its existence poses a serious threat to the principle rule of law. As one of important monitoring methods, we believe that judicial control over administrative discretion is the inevitable request of the balance of power principle, and the inevitable choice of modem country rule of law. The stipulations of Chinese Administrative Litigation Law has many obvious problems in the breadth and depth of judicial review of administrative discretion, which leads to many flaws on judicial review of administrative discretion. Therefore, we should focus on the breadth and depth of judicial review of administrative discretion to perfect Chinese judicial review of administrative discretion.