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该文把行政自由裁量权的普遍原理和行政执法部门的现实情况紧密结合起来,以出入境管理工作为参照物,针对干警在出入境管理行政审批过程中存在的问题,从控权理论出发,用立法来确认责任认定的标准、制裁措施,用程序来规范自由裁量权的行使,进而探寻解决合理性原则难以把握问题的措施和办法,具有较强的针对性和应用性。
In this paper, the general principle of administrative discretion and the reality of administrative law enforcement departments are closely linked to the exit-entry management as a reference for the police officers in the exit and exit administration examination and approval process in the process of problems, starting from the control theory, Legislation is used to confirm the criteria and sanction measures of responsibility identification and to regulate the exercise of discretion by procedures. Then, the measures and methods of solving the problem of rationality are difficult to grasp, which has strong pertinence and applicability.