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行政自由裁量权是现代行政法的一个核心内容。一方面,行政自由裁量权是为了便于行政主体提高行政效率、履行行政管理职能而设定的权限,因而有其存在的必要性。另一方面,如果行政自由裁量权在运行过程中因缺乏合理控制而导致滥用,势必会造成侵害行政相对人合法权益的不利后果,并对行政法治构成严重威胁,进而会影响公平正义的实现。因此,加强对行政自由裁量权的控制以防止其滥用是十分必要的。
Administrative discretion is a core part of modern administrative law. On the one hand, administrative discretion is necessary to facilitate the administrative authorities to improve administrative efficiency and perform administrative functions set by the authority, so there is a need for it. On the other hand, if administrative discretion is abused due to lack of reasonable control during its operation, it will inevitably cause adverse consequences against the lawful rights and interests of the counterpart of the administration and pose a serious threat to the administrative law and order, thereby affecting the realization of fairness and justice. Therefore, it is very necessary to strengthen the control over the administrative discretion to prevent its abuse.