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行政执法的过程中难免需要利益衡量,以调整公益与私益之冲突,实现具体个案之正义。利益衡量应充分斟酌权利保障、公共政策、社会舆论与成本效益等要素,为避免利益衡量之滥用,应引入比例原则予以规制。
In the process of administrative law enforcement, it is inevitable to measure the interests so as to adjust the conflicts between public welfare and private interests and realize the justice of specific cases. The measurement of interests should fully consider the elements of rights protection, public policy, public opinions and cost-effectiveness. In order to avoid abuse of the measurement of interests, the principle of proportionality should be introduced to regulate it.