某执法人员罚了某企业一笔超标排污款,该企业认为罚得太重,提出了异议。这位执法人员直言不讳:“我罚一万元,可以依据某个法律、某个条例,列出几条理由来;同样依据这些法律和理由,我还可以罚你十万。罚你一万元,算照顾你们。”言外之意,被罚企业还得感谢他一番。 类似上述案例,我们时常见诸报端。人们不禁要问:自由裁量权难道就是任意裁量权吗? 行政处罚自由裁量权,是法律赋予行政机关及其工作人员在一定情况下和一定范围内自由判断、具体确定行政处罚措施的权力。与自由裁量权相对而言 A law enforcement officers punished a company exceeded the amount of sewage charges, the company that too much fines, made objections. This law enforcement official outspoken: “I fined ten thousand yuan, according to a certain law, a list of several reasons to come out; the same under these laws and reasons, I can punish you one hundred thousand fine you ten thousand Yuan, count to take care of you. ”The implication, be punished enterprises have to thank him some. Similar to the above cases, we often have newspapers. People can not but ask: is discretion arbitrary discretion? Discretion of administrative punishment is the power given to the administrative organs and their staff under certain circumstances and within a certain range of free judgments given by the law and the specific determination of administrative penalties. In contrast to discretion