行政执法裁量权的公共性意蕴及其法律保障

On the Publicity of Administrative Discretion and Legal Safeguard

行政执法活动处于公共治理的下游环节,却享有极为可观的裁量空间,如何对其进行规范是理论与实践的重要课题。作为执法裁量权运行基本目标的公共性,可以从遵从法律、公正、回应、可进入、高效等几个角度展开。针对公共性可能出现的偏离问题,应注意从组织再造、自利导控与程序设计等方面着手解决。

Administrative enforcement of law is a downstream of the public management, but takes considerable discretional space. How to control this power is the important task of theory and practice. As a basic objection, the publicity may be developed from law-abiding, fair, echo, open and efficiency. In order to avoid departure of the publicity, we should put our hand to reengineer organization, control self-interest as well as design procedure.