试论正义与行政裁量权

Justice And Administrative Discretionary Power

行政裁量权是行政法的重要制度,理论和实践表明对行政裁量权的控制存在着诸多不足。将正义作为控制行政裁量权的标准,保证行政裁量目的的实现是法治的关键。

Administrative discretionary power is a major system of administrative law.It has been established,both by theory and in pratice,that a variety of insufficiencies exist in control of administrative discretionary power.It is the key of rule of law to regard justice as the appraising standard of administrative discretionary power,guarantee the purpose of achieving administrative discretion.