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行政自由裁量权是现代行政法的核心内容,是行政权中具有自身特点的重要组成部分。但权力本身是把双刃剑,运用得好,可以披荆斩棘,运用得不好就会伤人害己。正如历史学家阿克顿勋爵所言:权利有腐败的趋势,绝对的权利导致绝对的腐败。行政自由裁量权也陷入了这种困境。
Administrative discretion is the core of modern administrative law and an important part of executive power with its own characteristics. However, the power itself is a double-edged sword, well used, can be overcoming the clutches, bad use will hurt people. As the historian Lord Acton put it: the tendency of corruption is corrupt and the absolute right leads to absolute corruption. Administrative discretion is also caught in this predicament.