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自从“依法治国,建设社会主义法治国家”写进了宪法之后,“有法可依”作为法治建设的重要前提和内容必然得到重视和加快。近些年我国制定了数以万计的各类法律、法规等。其中部分都涉及行政处罚条款,而这些条款几乎都给予行政机关行政裁量权。行政裁量在行政管理领域如此广泛,如此普遍,乃至于可以说达到了“没有行政裁量就没有行政管理”的程度。也正因为如此,现实中,行政机关在行政管理中有着很大的自由决定的空间,缺少明确具体的标准,滥用行政裁量侵犯公民权利的案件时有发生。因此,对行政裁量的限制与治理成为了行政法的一个重要研究方向。
Since the “governing the country according to law and building a socialist country under the rule of law” has been written into the constitution, “the law can be followed,” as an important precondition and content for the construction of the rule of law, must be given priority and accelerated. In recent years, China has formulated tens of thousands of various laws and regulations. Some of them involve administrative penalties, and almost all of these provisions give the executive authorities administrative discretion. Administrative discretion in the field of administration so extensive, so common, it can be said that reached the “no administrative discretion, there is no degree of administration.” Precisely because of this, in reality, the administrative organs have a lot of room for free administration in administration, lacking specific and specific standards, and cases of abuse of administrative discretion and violation of civil rights have taken place. Therefore, the restriction and governance of administrative discretion has become an important research direction of administrative law.