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近年来,裁量基准的制定开始风行于我国各级行政机关,针对这一日益生长和发展的行政法现象,不仅需要进一步对其理论进行完善,更为重要的是确保其能得到真正有效地实施。就裁量基准而言,有效实施的最后也是最重要的保障集中体现在其救济方面,换言之,裁量基准必须在行政诉讼中得到有效适用,如果在诉讼中对裁量基准不予适用,那么毫无疑问裁量基准将失去其约束行政机关的作用和意义,也失去了其存在的必然性。要真正认清裁量基准在行政诉讼中的适用效力,就必须明确裁量基准的制定机关,从而确定其性质,进而再深入分析其适用效力及其适用方式。
In recent years, the formulation of the benchmark of discretion has become more and more popular among the administrative organs at various levels in our country. In response to this increasingly growing and developing phenomenon of administrative law, it is not only necessary to further improve its theory, but more importantly, to ensure that it can be truly and effectively implemented . As far as the basis of discretion is concerned, the last and most important guarantee of effective implementation is concentrated on its remedies. In other words, the discretionary benchmarks must be effectively applied in administrative proceedings. If the discretionary benchmarks are not applicable in the proceedings, there is no doubt The basis for discretion will lose its role and significance of restraining the executive authorities and will lose its inevitability. To really understand the effectiveness of discretionary benchmarks in administrative litigation, it is necessary to define the standards-setting body so as to determine its nature and further analyze its effectiveness and its application.