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在违法建筑处理的具体案件中,行政机关的处理决定与案件中具体的个人的安身立命息息相关,因此,避免行政自由裁量遭到滥用才显得尤为重要。面对行政自由裁量权滥用情形的复杂性,单一的控制手段以无法满足法治的需要。并且,在裁量正义愈来愈受到重视的当下,让我们明白,对行政裁量权的控制不应以消灭其存在为目的,而应是一种引导,以引导其走向合理性与理性化为最终目标。
In the specific cases handled by illegal buildings, the administrative organs’ decision-making process is closely related to the specific individual’s personal life in the case. Therefore, it is particularly important to avoid the abuse of administrative discretion. Faced with the complexity of the abuse of administrative discretion, a single means of control can not meet the needs of the rule of law. And nowadays, more and more attention to discretion justice, let us understand that the control of administrative discretion should not be aimed at extinction of its existence, but should be a guide to guide its rational and rationalization as the end aims.