论文部分内容阅读
当前法治政府建设中尤为重要的内容是约束与规制公权力。法治政府一直追寻着建立一种理想范式,即行政裁量权与法治二者的良性互动。行政裁量权有其存在的合法性,但也应看清行政裁量权滥用、失控时对建设法治政府的挑战。行政裁量权的合理约束与监控,关系着法治政府的建设。当前需要分析研究行政裁量权的错位、缺位表现,有针对性地探寻法治政府背景下规制行政裁量权的治理路径,并通过健全行政程序法律制度、落实行政机关自我审查机制、增强司法审查,逐步强化行政裁量权的规制。
The most important content of the current government by law is to constrain and regulate public power. The government ruled by law has been pursuing the establishment of an ideal paradigm, that is, the positive interaction between administrative discretion and rule of law. Administrative discretion has its existence of legitimacy, but should also see the administrative discretion abuse, when out of control the challenge of building a government ruled by law. The reasonable restraint and monitoring of administrative discretion are related to the construction of a government ruled by law. At present, it is necessary to analyze and study the misplaced and absent performance of administrative discretion, probe the governance path of regulating administrative discretion in the context of the government under the rule of law, improve the judicial review, improve the legal system of administrative procedure, Gradually strengthen the regulation of administrative discretion.