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行政自由裁量权设立的初衷是,使行政机关可以灵活高效的做出行政行为,它反映着当代行政法的进步与发展。然而它在发挥积极作用的同时又极易被滥用,导致政府权威性下降,滋生腐败等。本文主要从四个方面来浅析行政裁量权:首先是从概念及定义出发,进而分析其特征,其次是分析行政自由裁量权被滥用所造成的负面效应,最后是提出对于如何控制该权力的几点建议。
The original intention of the establishment of administrative discretion is to enable administrative organs to make administrative actions in a flexible and efficient manner, which reflects the progress and development of contemporary administrative law. However, it can easily be abused while playing an active role, causing the government to decline its authority and breed corruption. This article mainly analyzes the administrative discretion from four aspects: firstly, it starts from the concept and the definition, and then analyzes its characteristics; secondly, it analyzes the negative effect caused by the abuse of the administrative discretion; finally, it puts forward some suggestions on how to control the power A few suggestions.