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行政处罚自由裁量权是行政机关区别于其他机关和部门的一项重要而特殊的权力,是行政处罚、依法行政的关键,有其产生和存在的根源与合理性,现已发展成为行政权的核心和现代行政法治的重要标志。实现行政法治的目标,必须靠行政处罚自由裁量权的合理运用。从法的来源,政府的角色定位以及行政处罚的基本原则分析,行政处罚自由裁量权都必须符合法定裁量目的和裁量范围以及行政处罚的基本原则,在法律预先设定好的基本框架内进行。
The discretionary power of administrative penalty is an important and special right that the administrative organ distinguishes from other organs and departments. It is the key to administrative punishment and administration according to law. It has its origin and its origin and rationality. It has now developed into an administrative power Core and modern administrative rule of law an important symbol. To achieve the goal of administrative law, we must rely on the proper application of the discretion of administrative punishment. From the source of law, the role of the government and the analysis of the basic principles of administrative punishment, the discretion of administrative punishment must meet the statutory discretion and scope of discretion and the basic principles of administrative punishment, and should be carried out within the basic pre-set legal framework.