行政法有两个公认的基本原则,一是行政合法性原则,亦称依法行政原则;二是行政合理性原则,亦称行政适当或行政公正原则。行政机关及其公务人员的行政行为必须遵守这两个原则,即行政行为不仅要合法,还要合理。随着依法治国方略的实施,行政执法责任制的推行,广大执法人员依法行政的观念已经确立,并在执法中初见成效,但行政行为的合理性还未引起重视,执法中这方面存在的问题也不少。在这里,笔者就限制行政自由裁量、杜绝行政不当行为、提高执法水平谈些粗浅的认识。 There are two recognized basic principles of administrative law. One is the principle of administrative legitimacy, also known as the principle of administration according to law. The other is the principle of administrative rationality, also known as the principle of administrative suitability or administrative justice. The administrative acts of administrative organs and their public servants must abide by these two principles, that is, administrative acts must not only be lawful but also reasonable. With the implementation of the strategy of governing the country according to law, the implementation of the responsibility system for administrative law enforcement and the concept of law-based administration by law enforcement officials have been established and results have been achieved in law enforcement. However, the rationality of administrative behavior has not drawn much attention. There are many problems. Here, I will restrict the administrative discretion, put an end to administrative misconduct, raise the level of law enforcement about some superficial understanding.