行政公务人员自由裁量权的影响因素及其控制

Administrative Discretionary Power:Decisive Factors and their Control

行政自由裁量权"自由"属性的存在和自然腐化的倾向与行政公务人员个人判断的加入,使得行政自由裁量权的运行常常偏离或背离立法精神和本意而被不当行使和滥用。为此,一方面,要提升行政公务人员的道德素质、法律素养,并抑制其不当的利益诉求。另一方面,要完善行政自由裁量授权方面的立法,完善行政程序,健全行政法制监督机制。

The ＂discretionary＂ nature, the tendency of corruption, and the subjective judgment of the public servants, often deviate the discretionary power from the meant legislative purpose and bring about its improper execution or abuse. As the prevention against this matter, it is proposed that the public servants should improve in their sense of morality and law, as well as control their improper interest pursuits, and, on the other hand, it is necessary to perfect the legislation concerning the authorization of the discretionary power, perfect the administrative procedures, and perfect the supervision system on the administration.