一、自由裁量权的概念及分类自由裁量权是指国家行政机关在法律、法规规定的原则和范围内有选择余地的处置权力。这些自由裁量权是从法学意义上说的,而不是从政治学意义上说的。它是行政机关及其工作人员在行政执法活动中客观存在的,由法律、法规授予的职权。根据现行行政法律、法规的规定,可将自由裁量权归纳为以下几种: First, the concept of discretionary power and discretionary power refers to the discretion of the state administrative organs within the principles and scope of laws and regulations have the right to dispose of. These discretionary power is from the legal sense, not from a political sense. It is an administrative organ and its staff in the administrative law enforcement activities objectively exist, by the laws, regulations and powers conferred. According to the current administrative laws and regulations, the discretion can be summarized as follows: