The thinking mode of "syllogism" type and the thinking mode of "absolute discretion" type are two kinds of extreme performance of the mode of judge thinking,but uncover the basic characte.

Of course, judges can not exercise discretion arbitrarily.

However,because principle is necessary connection with discretion,reasoning by principle will be very arbitrary;especially when principles contradict with rules.

The connection between rules and principles is that of rigid regulations and discretions.

Ethical Dimensions of Administrative Compulsion —— free judgment, conformity to objectives and appropriateness of selection;

Administrative free judgment is a vital right which is entrusted to administrative institution by law.

The principle of "Trust and Honesty" originates from Civil Law containing honest contract and trusty suit, the two aspects of which in current civil law, that is honest and trusty requirement and the right of free judgment, are the further development to it.

The power of free adjudication externally exists in judge s valuation of evidence.

The concept of freedom is the thinking of Sartre s existential core of Sartre s "there is freedom" as the basis to people is freedom,freedom is a natural attribute of people,was later known as the "Absolute freedom" concept.

Ownership guaranty underwent a reconstruction process of ups in 19 century and downs in 20 century,but the reconstruction is not to discard a late concept and create a new ownership type but to reform and improve it and to desert the nature of absolute freedom and adopt the nature of relative limitation.