健全行政裁量基准制度的路径探索——以行政处罚领域的实证考察为视角

Exploring the Paths to Perfect the System of Standards for Administrative Discretion——From the Perspective of Empirical Studies of Administrative Penalty

行政裁量基准制度的建立与健全能够实现行政机关对自身裁量权的约束,从而强化对权力的监督与制约并保护公民的合法权益不受侵犯,是推进依法行政、建设法治政府的重要举措与途径。我国早在2003年就已建立起行政处罚领域的裁量基准制度,对该领域现有裁量基准规范进行实证考察,深入剖析当前裁量基准的建设现状,从而探寻出健全行政裁量基准制度的路径。

To establish aud perfecl the system of standards fnr administrative discretinn is an important measure and approach to further promote the exercise of administrative functions in accordance with law and build the government ruled by law througb realizing administrative organs＇ self-restraint in discretion, and thereby reinforcing the supervision and restraint on administrative power for protecting the citizens＇ legitimate rights and interests. Ahbough the system of standards for administrative penalty discretion was established as early as 2003, it is of realistic significance to make empirical studies of eun＇ent standards for administrative penahy discretion as well as an in-depth analysis of the era＇rent status for exploring the paths to perfect this system.