On Discretion

学界对自由裁量权的合理性和必要性一直存有争论。鉴于法律本身的先天性缺陷,自由裁量权所具有的协调、弥补理想与现实之间差距的功能便必不可少,但由此而带来的滥用情形也对民众的权利构成了严重的威胁。我们应当从立法、司法、行政和社会外部四个方面来加强对自由裁量权的规制,这种努力在现代法治社会中已经呈现出新的趋势。There have always been the disputes on the reasonableness and necessity of discretion. Due to the natural defects of law, it is essential for the discretion to have the function of coordinating and making up the difference between ideal and reality. However, the abuse of it poses a serious threat to the public＇ s rights. We should strengthen the regulation on discretion from legislation,justice, ad- ministration and social external. The efforts on it assume a new tendency in the modem society ruled by law.0321-242