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行政裁量基准制度的建立与健全能够实现行政机关对自身裁量权的约束,从而强化对权力的监督与制约并保护公民的合法权益不受侵犯,是推进依法行政、建设法治政府的重要举措与途径。我国早在2003年就已建立起行政处罚领域的裁量基准制度。文章对该领域现有裁量基准规范进行实证考察,深入剖析当前裁量基准的建设现状,从而探寻出健全行政裁量基准制度的路径。
Establishing and Perfecting the Benchmarking System of Administrative Discretion can Constrain the Restrictions of Administrative Authorities on Their Discretion, Strengthen Supervision and Restriction of Powers, and Protect the Legitimate Rights and Interests of Citizens from Violations. It is an Important Measure and Means for Promoting the Administration by Law and Building a Government Ruled by Law . As early as 2003, our country has established a benchmarking system for the administrative punishment. The article makes an empirical investigation of the existing benchmarking standards in this field, and analyzes in depth the current situation of the benchmarking in order to find a way to improve the benchmarking system for administrative discretion.