Justice in administrative law enforcement is vital to the people's trust in the Communist Party of China and the government and their confidence in the rule of law.The basis of discretion is the basis of justice in law enforcement,and the basis justice is the premise of discretion justice.Based on benchmark justice,the benchmark of administrative law enforcement discretion should be derived from the law,the needs of individual cases,and the summary of practical experience.The process of discretion is accustomed to the process of law enforcement,and the process justice is the way of presentation of discretion justice.The so-called discretionary justice is not elsewhere,but in intersubjectivity;It is in the intersubjective model that the process of law enforcement discretion becomes a process of effective communication,care delivery and consensus reaching.If intersubjectivity is the endogenous force of discretionary justice,then benchmark regulation and judicial review are the guarantee mechanism of discretionary justice.The benchmark regulation that leads to regulatory justice needs to have the inherent characteristics of practicality,transparency and interactivity.The judicial review to achieve corrective justice must maintain the character of initiative,prudence and moderation.
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