行政程序是控制行政自由裁量权合法、合理行使的有效手段,而在行政程序的运作过程中是否也存在裁量,理论界存在不同的认识。本文试图以工商行政程序的运作为考察对象,论证程序性裁量在执法实践中广泛存在并对行政主体和行政相对人产生实际的影响,以期能够寻找到有效途径使行政程序的运作更加规范合理。 Administrative procedure is an effective means of controlling the legal discretion of administrative discretion, and whether there is discretion in the operation of administrative procedure, there are different understandings in theorists. This article tries to take the operation of the administrative procedure as the object of investigation, proves that the procedural discretion widely exists in the practice of law enforcement and has an actual impact on the administrative subject and the administrative counterpart, with a view to finding effective ways to make the administrative procedure more standardized and reasonable.