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开展行政指导以来,工商干部在实施行政指导中拥有了较大的自由裁量权。这种自由裁量权一旦失控或被滥用,不仅会直接侵害行政相对人的利益,还会导致行政指导目标的落空。因此,怎样有效控制工商行政指导中的自由裁量权,使之达到适度、平衡,成为工商行政指导工作成功的关键。笔者将围绕自由裁量权的控制这一问题对工商行政指导的法治化、规范化问题进行论述。
Since carrying out the administrative guidance, the industrial and commercial cadres have greater discretion in the implementation of administrative guidance. Once such a discretionary power is out of control or abused, it not only directly infringes on the interests of the counterparts in the administration but also leads to the failure of the objective of administrative guidance. Therefore, how to effectively control the discretion in industrial and commercial administrative guidance so that it is moderate and balanced has become the key to the success of industrial and commercial administrative guidance. I will focus on the issue of the control of discretionary power on the industrial and commercial administration of the rule of law, standardization issues are discussed.