行政部门的自由裁量权是现代行政权的核心,是一种真正的、实质的行政权力。行政权力本来应该是法定和固定的,但是法律法规在制定时给予行政许可和行政执法较多的自由裁量,因而行政部门在实施过程中自由裁量人为因素过大,导致自由裁量权随意而为,自由裁量甚至成为独断的、模糊的权力代名词。任性执法、权力寻租、腐败滋生,执法人员办关系案、人情案,同案不同罚等现象无法根除,导致行政复议、行 The discretion of the executive branch is the core of the modern executive power and is a real and substantive executive power. Administrative power should have been statutory and fixed, but laws and regulations in the formulation of administrative licensing and administrative law enforcement more discretion, so the executive branch in the implementation process of discretionary human factors too large, resulting in arbitrary discretion, Discretion even became an arbitrary and vague term for power. Arbitrary law enforcement, rent-seeking power, breed corruption, law enforcement officials do cases, human cases, the same punishment with different penalties and other phenomena can not be eradicated, leading to administrative reconsideration, OK