自由裁量权及种类自由裁量权是指国家行政机关在法律、法规的原则和范围内有选择余地的处置权力,它是行政机关及其工作人员在行政执法活动中客观存在的,由法律、法规授予的职权。根据现行行政法律、法规的规定,自由裁量权可归纳为以下几种: 在行政处罚幅度内的自由裁量权:即行政机关在对行政管理相对人作出行政处罚时,可在法定的处罚幅度内自由选择。它 Discretion and variety of discretion refers to the state administrative organs in the laws and regulations within the scope of the principle and scope of the disposal of the right to choose, it is the executive and its staff in the administrative law enforcement activities objectively exist, by laws and regulations Grant of authority. According to the provisions of the current administrative laws and regulations, the discretionary power can be summarized as follows: Discretion within the range of administrative penalty: that is, when an administrative organ makes an administrative penalty on the counterpart of administrative control, it may, within the statutory range of punishment Freedom of choice. it