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20世纪90年代以来,特别是国务院《全面推进依法行政实施纲要》(国发[2004]10)发布以来,在全国范围内出现了大量制定裁量基准的行政法现象。这一行政法现象的出现,意味着各级行政机关在努力依法行政,中国的行政法治理在向纵深发展。但我国关于裁量基准的行政执法实践,还存在不容忽视的问题。本文阐述了在制定行政执法裁量基准设定中不可回避的若干问题,提出对建设行政执法行政裁量基准和量裁情节设定应用的建议。
Since the 1990s, especially since the release of the “Outline for the Implementation of the Law Enforcement by Law” (Guo Fa [2004] 10), the State Council has seen a large number of phenomena in the administrative law that set the benchmark of discretion throughout the country. The appearance of this law of administrative law means that administrative organs at all levels are trying hard to administer according to law and that the administrative law of China is developing in depth. However, there are still problems that can not be neglected in the practice of administrative law enforcement in China. This article elaborates on some issues that can not be avoided in setting the benchmark of administrative law enforcement discretion, and puts forward some suggestions on how to set the benchmark for the administrative discretion of administrative law enforcement and how to tailor the plot.