论行政执法中的自由裁量权

On the Right of Discretions during Administrative Enforcement of Law

行政自由裁量权作为现代行政权的重要内容,是19世纪以来政府职能从理念上发生根本性转变和行政权扩张的重要结果。行政自由裁量权既有存在的合理性也有对其进行控制的必要性。要合理控权首先要加强自由裁量权的立法控制,其次是要加强司法控制,再次是加强行政机关内部控制。

The administrative power to one＇s discretion, as an important part of modern administrative rights, is the key fruit of the fundamental conceptual turn of governmental functions and the expansion of executive authority. The administrative power to one＇s discretion possesses its justification to exist and the necessity to control. Reasonable control over the power involves first the legislative control of the right of discretion, then strengthening the judicial control and at last strengthening the internal control of administrative body.