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行政自由裁量权渗透到了行政权力的各个方面,由于初期缺乏合理管控,导致权力遭到了普遍滥用,在短时期内就导致了行政权力与行政相对人的激烈冲突,在此过程中对社会公平原则和公民合法权益造成了不同程度的侵害。传统规制路径,特别是传统立法规制由于其固有缺陷和泛化的特点导致对应到中国行政权力运行现实时表现出规制效果不佳的状况,己然无法满足行政自由裁量权在中国的发展,文章旨在解决提高行政自由裁量权规制有效性的问题。以实用性和适应性为目标,立足现有规制思路和具体行政权力特点,合理规范和有效控制,让行政权力再次回到健康运行的轨道。
Administrative discretion infiltrates into all aspects of administrative power. Due to the lack of reasonable control at the initial stage, power has been widely abused, leading to fierce conflicts between executive power and administrative counterparts in a short period of time. In the process, the principle of social fairness And the legitimate rights and interests of citizens caused varying degrees of infringement. Due to its inherent flaws and generalization characteristics, the traditional regulatory path, especially the traditional legislative regulation, can not satisfy the development of administrative discretion in China due to its poor regulation effect when corresponding to the actual operation of Chinese administrative power. Aims to solve the problem of improving the effectiveness of the regulation of administrative discretion. With the objective of practicability and adaptability, based on the existing regulatory ideas and the characteristics of specific administrative powers, it should be properly regulated and effectively controlled so that executive power can once again return to the track of sound operation.