法治视野里的行政自由裁量权

On Administrative Discretionary Powers In The Visual Field Of Rule By Law

行政自由裁量权的适度、合理行使对法治有重要的促进和保障作用。中国行政机关自由裁量权要适度合理地行使,必须尽快完善立法、司法审查制度和公务员制度。

The history of emerging and control of administrative discretionary powers is a microcosm of his-tory of rule by law.In this thesis the author studies the inevitability of the emerging and control of adminis-trative discretionary powers,especially the controlling ways and proper criteria.Then the author explains the important promoting and ensuring effect of proper use of adminstrative discreionary powers on rule by law.Al-so the author analyses the status puo of uxing and controlling of administrative discretionary powers in China's presen legal practice,and gives some proposals in light of the situation.