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行政自由裁量权是行政权力的重要组成部分,也是行政管理的能动性实现所必需的。为实现依法行政,防止行政自由裁量权的滥用,必须对行政自由裁量权进行一定的控制。所以,探讨如何规范运用行政自由裁量权具有十分重要的现实意义。当前,在行政领域还存在诸多与建设公共服务型政府的要求不相适应的立法和行政体制等问题。因此,卫生行政部门在实践中应当本着合法、合理、公平、公正的法律精神和立法原则,参照实体法和程序法,明确规定其适用的标准、方式、步骤与范围,推动卫生行政自由裁量权的规范化建设。同时,在行政体制上要加强对执法部门的监督与管理,完善监督体制,切实有效地规范行政自由裁量权的适用。
Administrative discretion is an important part of administrative power and necessary for the realization of the initiative of administrative management. In order to realize the administration according to law and prevent the abuse of administrative discretion, we must exercise certain control over the administrative discretion. Therefore, to explore how to regulate the use of administrative discretion has very important practical significance. At present, there are still many problems in the administrative area, such as the legislative and administrative systems that are not compatible with the requirements of building a public service-oriented government. Therefore, in practice, health administrative departments should clearly define their applicable standards, methods, steps and scope in line with the legal and reasonable legal, fair and impartial legal spirit and the principle of legislation with reference to substantive and procedural laws, and promote the discretion of health administrative authorities The standardization of power. At the same time, in the administrative system, we should strengthen the supervision and administration of law enforcement departments, improve the supervision system, and effectively and effectively regulate the application of administrative discretion.