摘要
行政裁量权是行政权的核心内容。随着政府职能的转变,行政裁量权不断扩张,而行政裁量权的两面性使得必须对其加以一定的控制。行政程序的特性特别是其作为公正与效率的衡平机制,使得对行政裁量权进行程序控制具有更突出的价值。行政正当原则是对行政裁量权进行程序控制的原则,以行政正当原则为指导,遵循正当的行政裁量程序,将使行政裁量权更好地融入法治社会。
Power of administrative discretion is the core of administrative power. With the transform of government functions, it is pushed further out. However, it is necessary to control it because of its two-sided characteristics. Administrative procedure has its specific characteristics and especially, it is an equitable mechanism of fair and efficiency, which makes it significant to control the power of administrative discretion by procedure. The principle of administrative justice is the one to control the power of administrative discretion by procedures. Guided by the principle of administrative justice and in accordance with fair administrative procedures, the power of administrative discretion will enter into a legal administration society.
关键词
行政正当
行政裁量权
行政程序
administrative justice
power of administrative discretion
administrative procedure
