行政处罚自由裁量权是现代行政权的核心内容,是真正和实质性的行政权力,是社会公平和行政效率均衡的需要,最经常、最密切的关系着民众的权益和政府的形象。目前我国各项改革正在向纵深发展,许多措施、办法或多或少带有探索性和试验性,再加上行政关系庞杂及发展变化较快,所以行政法规一般用“模糊语言”以增大其内涵。为调和法律相对稳定性与政策规定灵活性的矛盾,提高行政效率,法律授权行政执法者自由裁量权就成了必然。结合工作中的实际情况,关于建设行政处罚自由裁量权的具体操作,我们 The discretionary power of administrative punishment is the core content of modern administrative power. It is a real and substantive administrative power. It is the need of a balance between social fairness and administrative efficiency. It is most often and most closely related to the rights and interests of the public and the government’s image. At present, various reforms in our country are developing in depth. Many measures and measures are more or less exploratory and experimental. Coupled with the complicated administrative relations and the rapid development and changes, administrative laws and regulations generally use “fuzzy language” Increase its content. In order to reconcile the contradiction between the relative stability of the law and the flexibility of the policy, and to improve the administrative efficiency, the law empowers the administrative law enforcer to become discretionary. Combined with the actual situation in the work, on the specific operation of building administrative penalty discretion, we