浅析中国行政裁量权问题

On Right of Administrative Adjudication in China

行政裁量权问题是现代法治的基本组成部分,是现代社会行政部门利用行政权力在法律根本精神的框架下对法律法规的行政解释。利于行政权力应对复杂的现代社会诸多问题。然而在中国转型过程中,由于缺乏法治传统,政府行政裁量权的行使出现严重问题,或授权过多或授权过少,不利于社会主义市场法治规范的推进。本文将浅析行政裁量权的由来及一般特征,以及中国行政裁量权的问题及规范途径。

The problem of the right of administrative adjudication is the basic component of modern law and the administrative explanation of the rules and laws within the foundational spirit of law of the modem social administrative departments by applying administrative adjudication, which is beneficial to the complicated problems in modem society. Because of the lack of the tradition of rule by law in China, however, serious problems occurred in the executive of the government administrative adjudication in the transition of China, such as more authorized or lesss autho- rized, which is not good for the establishment of the norm of ruling the socialist market by law. The paper makes an analysis on the origin and features of the administrative adjudication, and the problems in it and the ways of the normalization of it.