裁量权在行政执法中必然存在,一度被称作“自由裁量权”;行政执法实践中,行政主体在一定执法空间自由裁量;行政相对人和其他社会主体长期关注行政主体在一定区间中如何裁量,甚至质疑裁量权行使的正当性。为让行政主体明明白白执法,行政相对人清清楚楚“认账”,规范裁量权行使势在必行;经过多年的试点,四川探索采用制定《四川省规范行政执法裁量权规定》的方式,压缩行政主体自由裁量的空间,减小“自由”幅度,增强行政执法合法性,这种方式得到社会各界的拍掌称赞。
<<Discretion,used to be called “free discretion” is sure to exist in the administrative enforcement. In the practices of administrative enforcement,administrative bodies have discretion in certain enforcement space;administrative counterparts are constantly concerned about how the administrative bodies exercise such discretion and even suspect the justice in the exercise of discretion. In order to enable administrative bodies to enforce laws in a transparent way,and get the administrative counterparts “convinced”,it is indispensable to standardize discretion. Through years of trial,Sichuan has explored to compress the space for discretion of administrative bodies and reduce the “free” margin so as to enhance the legitimacy of law enforcement by formulating the Provisions of Sichuan Province on Standardizing Discretion in Administrative Enforcement. Such standardization of discretion has been applauded and praised by the general public. Undoubtedly,this project is still underway and requires further work and continuous efforts.
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