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当下法治环境中,行政自由裁量权的行使存在着显失公正、随意性大、与执法部门的利益挂勾、行政程序的透明度差等问题,干扰了法治进程,助长了特权思想,滋生腐败现象,影响了党和政府在人民群众中的威信。要改变这种现象,规范行政自由裁量权的行使,必须做到:一要树立现代法治观念,完善有关比例原则和信赖保护原则的立法,二要进一步完善程序控制,加强行政相对人的程序对抗权;三要加强行政道德建设,确保行政自由裁量权在德性的轨道上运行,以保证行政自由裁量权的正确行使,这是摆在我们面前一项现实而又紧迫的任务。
In the current environment of the rule of law, the exercise of administrative discretion has the problems of manifestly unjust, arbitrarily large, linked with the interests of the law enforcement departments, and poor transparency of administrative procedures, which interferes with the process of rule of law and fosters privileged thinking and breeds corruption , Affecting the prestige of the party and the government among the people. To change this phenomenon and regulate the exercise of administrative discretion, we must do the following: First, we must establish the concept of the modern legal system, improve the legislation on the principle of proportionality and the principle of trust protection, and secondly, we should further improve procedural control and strengthen procedural confrontation of administrative counterparts Third, we must strengthen the construction of administrative morality and ensure that administrative discretion runs on the morality track so as to ensure the correct exercise of administrative discretion. This is a realistic and urgent task before us.