论文部分内容阅读
行政法有两个公认的基本原则,一是行政合法性原则,亦称依法行政原则;二是行政合理的原则,亦称行政适当或行政公正原则。行政合理性原则主要运用于行政管理中的自由裁量领域,但是,目前在自由载量领域中,存在着违背合理性要求、导致行政不当的问题,如滥用职权,过渡行使自由裁量权,迟延履行职责或不作为,行使自由裁量权不足等等。对此,必须采取措施控制自由裁量权,提高执法水平。
There are two recognized basic principles in administrative law. The first is the principle of administrative legitimacy, also known as the principle of administration according to law. The second is the principle of administrative rationality, which is also known as the principle of administrative suitability or administrative justice. The principle of administrative rationality is mainly used in the field of discretion in administrative management. However, in the field of free load at present, there are problems that violate the rationality requirement and lead to improper administration, such as abuse of power, the exercise of discretion in transition, delay in performance Duty or omission, exercise of discretion and so on. In this regard, measures must be taken to control the discretion and improve the level of law enforcement.