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一、引言行政自由裁量权是行政主体在行政管理活动中所拥有的,可以根据法律规定和具体情况,自行判断、自我选择,从而采取合适的行为方式及内容的一种行政权力。即在法律许可的情况下,行政主体有权对作为或不作为以及怎样作为进行选择,这意味着决定者在确定的框架与内容之内,可以实施一定程度的意思自治。行政自由裁量权是行政权的重要组成部分,也是行政权中最为独特、活跃的一部分。同时,行政自由裁量权的规制是依法行政的重点和难点。
I. Introduction Administrative discretion is an administrative power owned by an administrative body in administrative activities that can be judged and chosen by oneself according to the law and the specific conditions so as to adopt a suitable mode of conduct and content. That is to say, where the law allows, the administrative body has the right to choose whether to act or not and what it means to do so, which means that the decision maker can implement a certain degree of autonomy of meaning within the framework and contents of the determination. Administrative discretion is an important part of administrative power and also the most unique and active part of administrative power. At the same time, the regulation of administrative discretion is the key and difficult point of administration by law.