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随着现代社会快速发展和环境的不断变化,行政事务面临的对象日益复杂,新情况、新问题层出不穷。行政自由裁量权作为行政权力的核心内容,其存在不仅在法理逻辑上是必然的和客观的,而且在具体的行政执法过程中又是必需的和现实的。如何对行政自由裁量权进行规制,最终找到“自由”和“规制”之间的平衡点,在现时期,显得愈发重要。一、行政自由裁量权的概念辨析就我国而言,行政自由裁量权是上世纪80年代后半期才逐渐发展起来的概念。
With the rapid development of modern society and the constant changes of the environment, the administrative affairs are facing more and more complicated objects and new situations and new problems are emerging one after another. As the core content of administrative power, administrative discretion is not only inevitable and objective in the logic of jurisprudence, but also necessary and realistic in the process of specific administrative law enforcement. How to regulate administrative discretion and finally find the balance between “freedom” and “regulation” becomes more and more important in current period. I. Discrimination of the Concept of Administrative Discretion For our country, the concept of administrative discretion was developed gradually in the second half of the 1980s.