行政自由裁量权的两面性及其控制路径

On Dual Character of Discretion in Administration and its Control Path

行政自由裁量权作为行政权的重要组成部分,在行政活动中扮演着独特的角色。随着社会事务的日益纷繁复杂,行政自由裁量权在大幅度膨胀的同时,也给人们的正当权益造成了威胁。因此应考察其存在的合理性和被滥用的可能性,从外部控制和行政自我控制等视角对其有效控制路径作出研析。

As an important part of executive power, discretion in administration plays a special role in administrative activities. With the social affairs becoming more complex,it has been widely used in the society,and meanwhile threatens people＇s just rights. On the basis of defining its notion,analyzing its rationality and the possibility of being abused, this article gives opinion on its control path from the angle view of legislation control,self-control,judicial review control,moral control and social supervision, etc. The purpose of this is to make its utility to the most effect.