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现代社会行政自由裁量权被行政机关在行政管理中广泛运用 ,由滥用行政自由裁量权而引发的行政争议也日趋增多。随之 ,各国司法审查的重心由明显的越权转向具有隐蔽性的滥用行政自由裁量权。与此相适应 ,对自由裁量权进行司法审查所依据的原则 - -合理性原则 ,在理论上和实践上都引起了广泛关注
The administrative discretion of modern society is widely used by administrative agencies in administrative management, and the administrative disputes arising from the abuse of administrative discretion are also increasing. As a result, the focus of judicial review in various countries shifted from a clear overreaching to a covert administrative abuse of power. In accordance with this principle of judicial review of discretionary power - the principle of rationality has aroused widespread concern both in theory and in practice