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比例原则与行政合理性原则均是对行政裁量权的控制,但两者仍有不同之处,比例原则能很好弥补合理性原则之不足,为有关涉及合理性争议的复议及行政诉讼案件的裁判提供可操作的审查标准,并促使行政管理观念的转变。
Both the principle of proportionality and the principle of administrative rationality are the control over the power of administrative discretion, but there are still differences between the two. The principle of proportionality can make up for the lack of the principle of rationality. For the reconsideration and administrative litigation cases involving reasonable dispute The referee provides actionable censorship standards and promotes a shift in the concept of administration.