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为了实现个案的正义,立法机关授予行政机关根据自己的意志进行判断的自由裁量权。与此同时,由于行政机关留有过大的自由决定的空间,缺少必要的、客观的标准,因而也导致了滥用裁量、侵害权利的问题。在现有的对行政自由裁量的控制机制之中,司法审查被认为是一种最佳途径,它通过形式正义、实质正义和程序正义三种正义审查标准确保了行政自由裁量权的不被滥用,让“法律终止的地方”真正成为了“个案正义的开始”。
In order to realize the justice of the case, the legislature granted the executive authorities discretion to judge according to their own will. At the same time, the lack of necessary and objective standards due to the excessive free-choice space left by the executive authorities has also led to the issue of abuse of power and abuse of power. Among the existing controls on administrative discretion, judicial review is considered to be the best way to ensure that administrative discretion is not abused through the three types of censorship standards of formality, substantive justice and procedural justice So that “the place where the law ends” has really become “the beginning of case justice”.