2004年,国务院颁布了《全面推进依法行政实施纲要》对行政执法行为进行了全面的规范,有力地推动了我国行政执法工作,基本建立了执法有依据,行为有规范、权力有制约、过程有监督、违法有追究的行政执法制度体系。但是,在现代社会,由于行政事务的广泛性和复杂性,行政权尤其是行政自由裁量权不断扩张和强化,行政机关拥有行政自由裁量权的宽泛自由度会被经常滥用或不当行使。同时,随着经济社会的快速发展,人民群众的民主法治意识不断增强,对依法行政、依法执法的关注度不断提高,维护自身合法权 In 2004, the State Council promulgated the “Outline for the Implementation of the Law Enforcement by Law” in an all-round manner, which comprehensively regulated the administrative law enforcement and effectively promoted the administrative law enforcement in our country. We basically established the basis for law enforcement, the norms of conduct, the restriction of power, the process of Supervision, illegal lawsuit system of accountability. However, in modern society, due to the extensiveness and complexity of administrative affairs, the executive power, especially the administrative discretion, has been continuously expanded and strengthened, and the extensive freedom for administrative organs to have administrative discretion will be frequently abused or improperly exercised. At the same time, with the rapid economic and social development, the people’s awareness of democracy and the rule of law has been constantly enhanced, their concern with administering the country according to law and law enforcement has been constantly raised, and their legitimate rights have been upheld