行政裁量作为立法授权行政机关进行个案斟酌的权力,已经得到普遍认可。但个案斟酌的范围究竟应局限于作为以及如何作为的法律效果,还是可以扩展至包含不确定法律概念的构成要件,在学术界始终存在争议。科学界定行政裁量权和不确定法律概念的关系,分析两者纷争不断的原因,关注我国行政法治发展现状,才能厘清司法权和行政权的界限,促进依法行政。 Administrative discretion as the legislative authority to authorize the discretion of the executive authorities has been generally recognized. However, it is always controversial in academia that whether the scope of the case should be limited to the legal effect of being and how it should be done or to the constitutional elements that include the concept of law of uncertainty. Scientifically define the relationship between administrative discretion and the concept of uncertainty law, analyze the reasons for the constant dispute between the two and pay attention to the status quo of the development of administrative law in our country so as to clarify the boundaries between judicial power and administrative power and promote the administration according to law.