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职能分离原则是行政听证制度的一条重要原则,它要求行政处罚听证过程中从事裁决的机构或者人员,不能从事与听证和裁决行为不相容的活动,以保证裁决公正、公平,其目的是通过在行政机关内部建立权力制约机制,防止因职能合并而引发行政专制主义,防止行政机关及其工作人员以权谋私、滥用权力和滋生腐败,防止执法人员先入为主,存有偏私,保证行政决定公正、准确,树立行政机关和政府在公众心目中的公正形象。
The principle of the separation of functions is an important principle of the administrative hearing system. It requires the institutions or personnel conducting the adjudication in the administrative penalty hearing to engage in activities incompatible with the hearings and rulings in order to ensure that the rulings are fair and equitable, the purpose of which is to pass To establish a power restriction mechanism within the administrative organs to prevent administrative despotism from being caused by the merger of functions and to prevent administrative organs and their staff from using their power for personal gains, abuse of power and breeding corruption, to prevent law-enforcement officers from being preconceived, to preserve their partiality, to ensure that administrative decisions are fair, accurate, Establish a just image of the executive authorities and the government in the public mind.