行政自由裁量权的行使极易造成行政相对人的权益受损。结合多年来的卫生行政执法经验,以及正在实施的行政处罚透明化运行,有效制约了行政机关执法人员的自由裁量权,实践证明,公开、公平、正义原则的重要性。为了保护行政相对人的合法权益,必须控制滥用自由裁量权。 The exercise of administrative discretion can easily lead to the damage of the rights and interests of the counterparts in the administration. Combined with years of health administrative law enforcement experience and the ongoing implementation of the transparency of administrative penalties, which effectively restricted the discretion of law enforcement officers in the executive authorities, the practice has proved that the principle of openness, fairness and justice is of great importance. In order to protect the legitimate rights and interests of the administrative counterparts, we must control the abuse of discretion.