关于行政自由裁量存在必要性及有效运作的思考

成文法固有的非完备性、语言载体性特征以及它所追求的普遍公正、相对稳定与现实社会关系所要求和体现的个别公正、不断变动之间的矛盾性 ,使得行政自由裁量的存在成为必要。而它运作上的“自由性”和“封闭性” ,又决定了其更易受执法者素质、权力、金钱等非客观因素的影响而导致枉法、不当裁量的发生 ,严重影响法律适用的准确和公正。为此 ,必须大力强化立法、法律解释工作 ;建立对执法者严格的考核任免和责任追究制度 ;加大程序公开力度以及为监督行政创造条件等 ,保障行政自由裁量的有效运作

Thinkings on the Necessity and the Effective Operation of Administrative Free Sentence

Laws are written and expressed in words and are characterized with inner imperfections. In laws there are contradictions between common justice and relative stability which are pursued by laws and individual justice and constant flexibility which are demanded by social relations. All these make the existence of administrative free sentence necessary. During performing laws,there is a kind of "freedom" and "unopenness",which makes laws controlled and influenced by subjective elements such as executors' quality,power and money. This situation would lead to illegal sentence and improper sentence,which harm correctness and justice suitable for laws. So we must strengthen legislation and laws' explanation,and set up a system of examining executors and pursuing responsibility. We must further promote openness in laws' procedure and create conditions for supervising administration so that we can guarantee the effective operation of administrative free sentence.