行政裁量的基本含义是政府在法律的框架内有自由选择的权力。在行政权不断扩充的当今社会中,一方面人们对公民基本权利保障的呼声越来越响,另一面政府权力不断渗入人们生活的方方面面。作为行政权中的行政裁量权,不论是设计还是行使,都应以公民基本权利为本位。这就是行政裁量和公民基本权利在宪法层面的共鸣点。 The basic meaning of administrative discretion is that the government has the freedom to choose within the framework of law. In today’s society where administrative power is constantly expanding, on the one hand, people’s voices of protecting citizens’ fundamental rights are louder and louder. On the other hand, government power constantly permeates all aspects of people’s lives. As administrative discretion in administrative power, whether it is design or exercising, basic rights of citizens should be based on. This is the resonance of administrative discretion and civil rights at the constitutional level.