- 翻译摘要法学论文行政裁量权作为行政的核心,是实现行政的重要手段。
- 行政裁量权作为行政的核心,是实现行政的重要手段。一方面，随着社会的进步，行政裁量权所涉范围必然地扩张；但另一方面行政裁量权作为权力的一种与生俱来的危险性却是不容更改的。因此，行政裁量权必须被严格监督、控制,以确保其正当行使。否则，其在行政、行政裁量权范围越来越广的现今社会有可能造成的负面影响势必会加剧。本文分别从行政软立法时裁量基准的设定主体与程序两个方面,行政执法时的内部分权、过程公开、责任追究三个方面,司法审查时对部分抽象行政行为与行政合理性原则的审查两个方面对行政裁量权予以监控。从而形成一条事前、事
- 在机器的基础上，一定要做修改！
Administrative discretion, as the core of administration, is an important means to achieve administration. On the one hand, with social progress, the scope of administrative discretion is bound to be broadened; on the other hand the inherent risk of power still exists to the administrative power of discretion. Therefore, the administrative power of discretion must be strictly monitored and controlled to ensure that it is properly exercised. Otherwise, the negative impacts caused by it may be aggravated with the wider and wider scope of administrative discretion in current society. This paper discusses the monitoring and control of the administrative discretion from the points of the main body set for discretion and the procedures during soft legislation, from the points of the internal separation of power, process openness, responsibility follow-up during administrative actions, and from the points of the judicial review of part of the abstract administrative actions and the review of the administrative rationality. In this way, an apriori, in-progress and ex post monitoring and control chain is formed to perfect the administrative discretion theoretically. The goal is for the administrative enforcement personnel to exercise the administrative power of discretion in a fair and reasonable way, and to safeguard the legitimate rights and interests of citizens.