随着社会经济进入稳定发展的阶段中,我国政府的行政审批工作量也在增多,其中自由裁量权在实际生活中被广泛的使用,但同时滥用程度也在不断加深中。因此对自由裁量权的分析是目前我国政府的重点工作内容。自由裁量权以及其行为是平衡法律规则和自由裁量权之间关系的一种有效手段,因此要控制自由裁量行为的合理性和合法性。 With the social economy entering a stage of steady development, the workload of administrative examination and approval of our government is also increasing, in which the discretion is widely used in real life, but the degree of abuse is also deepening at the same time. Therefore, the analysis of discretion is the key content of our government. Discretion and its actions are an effective way to balance the relationship between legal rules and discretion, so it is necessary to control the rationality and legitimacy of the discretionary act.