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行政权是以国家强制力保证行使,与公民、法人切身利益最直接、最密切相关的一种国家权力,又是最动态、最容易违法或滥用的一项国家权力,具有管理领域广、自由裁量度大等特点,如不对其进行强有力的制约,就有可能造成行政权力的滥用,给人民带来极大危害。对行政权力的制约,除了国家有机体性质的根本性制约,还有立法的事前规范,行政过程的事中控制,司法的事后审查与惩戒和来自政党、压力集团、公共舆论等外部的社会制约。只有认清制约的对象,找到适当的制约途径,充分发挥各种制约方式的作用,才能够更好地保障行政权力正常、合理、规范的行使,从而更好的维护广大人民群众的利益,实现国家的社会稳定与繁荣发展。
Administrative power is a kind of state power that is exercised with the guarantee of state power and most directly and closely related to the vital interests of citizens and legal persons. It is also a state power that is the most dynamic and the most easily violated or abusive. It has the functions of extensive management and freedom Large discretion and so on. If we do not exercise strong restraint on them, we may cause abuse of administrative power and bring great harm to the people. Restrictions on administrative power, in addition to the fundamental constraints of the nature of the state organism, are the pre-legislative norms governing the administrative process, the post-judicial review and punishment of the judiciary, and the external social constraints from political parties, pressure groups and public opinion. Only by understanding the object of the restriction, finding appropriate ways to restrict it and giving full play to the role of various modes of restriction can we guarantee the normal, reasonable and standardized exercise of administrative power so as to better safeguard the interests of the broad masses of the people and achieve National social stability and prosperity.