由于历史发展和现实条件的不同,对行政监察的理解以及行政监察实践存在一定差异,各国在确定行政监察范围上有所不同。一、违法行政与不良行政按照受法律约束的程度,可将行政行为大致分为羁束裁量和自由裁量两类。羁束裁量,就是行政机关及其公务人员在何种情况下采取何种行为已由法律作出明确的规定,行政机关及其公务人员只能执行法律,而无其他选择余地。羁束裁量只有要么合法要么违法两种可能性。但在广泛的政府管理活动中,有的行政行为是否合法与违法并无明确的界线,需要在法律规定上留有活动空间。特别是现代社会,国家行政管理事务急剧增多,要将所有行政行为 Due to the difference between historical development and actual conditions, there is a certain difference between the understanding of administrative supervision and the practice of administrative supervision. Each country has some differences in determining the scope of administrative supervision. First, the illegal administration and bad administration According to the extent of the law bound, the administrative acts can be broadly divided into custodial discretion and discretionary two categories. Discretion and restraint, that is, the circumstances under which the administrative organs and their public servants have taken certain acts have been clearly stipulated by law, and the executive authorities and their civil servants can only enforce the law without any other choice. Regulatory discretion only either legal or illegal two possibilities. However, in a wide range of government management activities, there is no clear boundary between the legitimacy of some administrative actions and the illegal ones. There is a need to leave room for activities under the legal provisions. In modern society in particular, there has been a sharp increase in the administrative affairs of the state, and all administrative actions must be taken