析行政自由裁量权的过度规则化

Analysis on Excessive Regularization of Administrative Discretion

在全国各地陆续展开的控制行政自由裁量权的改革中,普遍采用了"制定实施细则"、"规则细化"这类用详尽的规则将裁量权具体化、细节化的方式,有些地方甚至达到了细致入微、不留余地的程度。尽管规则细化具有良好的出发点和切实的效力,但过度使用仍然会带来一系列不良后果。从根本上说,促进行政自由裁量权的良好行使不能单纯依靠规则,在考虑多方面因素和措施的基础上形成控制裁量权的综合体系才是问题的解决之道。

The reform of measures are taken to regulate controlling administrative discretion has started throughout the whole country. Many administrative discretion in specific and in details, such as formulating detailed rules for implementation and refining regulations. Further more, the regulations in some areas were made in every possible way. Though the refinement of regulations was started in a good purpose and become effective in practice, the excessive use of it would still bring about a series of adverse results. Essentially, the reasonable exercise of discretion could not just depend on the regulations. The solution to this problem is to build a comprehensive system of the control of discretion based on the consideration of various factors and measures.