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合理原则相对于合法原则要求更高,即行政机关作出的行政行为不仅要合法而且要合理,其产生的社会效果优于一般意义上的合法行政,它是政府行政活动的精细化模式。合理行政在适用过程中应注意3个问题:一是树立现代法治理念,注重对法治精神文化基因的培育;二是善于运用相关法律规则,消除行政行为中的“机械化”倾向;三是正确适用行为选择规则,“柔性”执法,权利优先,在法律没有明文规定的情况下,让合理原则在被法律疏漏的空隙间闪烁出尊重人权、公平正义的和谐之光。
The principle of reasonableness is higher than the principle of lawfulness. That is, the administrative action of the administrative organ is not only legitimate but also reasonable. The social effect produced by the administrative organ is superior to the legal administration in the general sense. It is a refined pattern of the administrative activities of the government. Reasonable administration should pay attention to three questions in the application process: First, to establish the concept of modern rule of law, pay attention to the cultivation of the spiritual and cultural genealogy of the rule of law; second, good at using the relevant legal rules to eliminate “mechanization” tendencies in administrative acts; third Correctly apply rules of behavior selection, “flexible” law enforcement and priority of rights. Where there is no express law provided by the law, reasonable principles should be shined with a light of harmony that respects human rights and fairness and justice in the gaps that are neglected by law.