| Administ rative discretion is the power invested to administ rative subject s by the law to make choices and decisions, which is the characteristic property of modern public administration. In modern count ries ruled by law, however, this power making choices and decisions by administ rative subjects is not arbit rary, rather, it should be regulated by certain legal principles. Thus we have the administ rative balance principle produced and established as an internal substantial principle to cont rol the administ rative
discretion power, with the aim to make the power executed within the framework of the rule-of-law, realizing the balanced reasonableness of it s substantial matters, materializing the substantial justice required by modern rule-of-law count ries, and according with the legal mind of fairness and justice. As a general legal principle of benefits-weighing, the principle of administ rative balance covers all the rules weighing the various benefits relationships, among which it could bring into being 3 concrete rules, i. e. the rule of equal t reatment, the rule of prohibition of excess, and the rule of protection of reliance. |
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