行政自由裁量权规制模式探析

On the Regulative Mode of Administrative Discretion

现代行政法最突出的特征表现为行政自由裁量权的广泛运用。从法治是对人性弱点的合理怀疑角度,行政程序是控制行政自由裁量权滥用最理想的工具;作为行政程序的保障,行政主体因违法行为或违规事实的出现应承受行政责任之归结;从人性合理性角度,潜意识对行政公务人员行政心理起有重大作用并提出法律信仰机制的建立和完善是滥用行政自由裁量权的休止符。

In the modern administrative law, the most outstanding characteristics is shown as the extensive application of the administrative discretion. Seen from the aspect that rule by law is the reasonable suspicion of weakness of human nature, administrative procedure is the ideal tool, which can control power abusement of administrative discretion. As the guarantee of administrative procedure, the administrative subject should take the administrative responsibility for his illegal activities or other facts stipulated in the rules and regulations. Seen from the aspect of rationality of human nature, subconsciousness plays an important role in the administrative psychology of a public officer. And then the thesis proposes that the foundation perfection of legal faith mechanism can bring the administrative discretion to the end.