试论行政自由裁量权的运行及规制

A Tentative Study on the Application of Administrative Discretion and Regulation on It

行政自由裁量权是行政权的核心问题,规范和控制行政权的关键是规范和控制行政自由裁量权;行政自由裁量权既有存在之必要性,又有被滥用之危险性,所以应对其进行立法规制、司法规制和内部规制。

Administrative discretion is the core issue of administrative right and the key to regulate and control administrative right is the regulation and control of administrative discretion, which is indispensable but at the same time may be abused. Therefore, we should carry out legal regulation, judicial regulation as well as internal regulation on it.