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在我国近些年来,法律程序开始受到行政机关以及法院的高度重视。自1996年始,我国的法治建设重点转移到程序立法上,我们具体看行政法方向,比较突出的要属《行政处罚法》将正当程序的观念尤其是听证制度移植到我国,正当程序的理念也逐渐地被行政机关所接收。笔者将就一个案例为引,浅谈行政许可中正当程序原则的适用。
In our country in recent years, the legal process has begun to receive the attention of the executive authorities and the courts. Since 1996, the focus of our country’s rule of law has shifted to procedural legislation. Specifically, we look at the direction of administrative law. The more prominent one is the “Administrative Penalties Law” which transplants the concept of due process, especially the hearing system, to China. The concept of due process Gradually received by the executive authorities. I will be on a case as a guide, on the principle of due process in administrative licensing application.