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在我国的气象行政处罚中,自由裁量权十分重要。但它在实践中是一把双刃剑,使用得好,能够提高行政效率,实现国家权能;使用不好,不仅侵害行政相对人的权益,还对行政法治构成威胁。如何防止自由裁量权被滥用已成为气象执法工作面临的首要问题,也成为行政法学研究的重要课题。必须从健全执法监督体系、加强立法、完善执法程序、加强执法队伍建设等方面来有效地控制自由裁量权。
In China’s meteorological administrative punishment, discretion is very important. However, it is a double-edged sword in practice. It is well used and can improve administrative efficiency and realize the national power. It is not used badly and not only infringes on the rights and interests of the administrative counterparts but also poses a threat to the administrative law and order. How to prevent abuse of discretion has become the most important issue in the enforcement of meteorological law and has also become an important issue in the study of administrative law. We must effectively control the discretion in terms of improving the law enforcement supervision system, strengthening legislation, improving law enforcement procedures and strengthening law enforcement ranks.