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规范行政权的行使是时代不变的主题。就我国目前发展现状而言,我国仍处在一个以行政国家、福利国家为主要特征的阶段。但在新时期,行政权的运作又出现了新特点,在责任机制高压下,行政权的运作选择进入了“不作为”的应对模式中。此时,程序以其独有的规范价值进入人们视野。同时,伴随着新行政诉讼法的通过和实施,行政程序的正当性审查逐步被纳入司法审查的范围。文章的创新之处在于:着重对行政程序正当性的内涵进行全面的理论构造,突破传统的追求行政程序形式合法性的局限性,分析现实中发现的问题和遇到的困境,旨在寻求理论与实务的最佳契合点,以适应当前的法治需要。
To regulate the exercise of administrative power is the theme of the times. As far as the current development status of our country is concerned, our country is still at a stage featuring administrative countries and welfare countries as the main features. However, in the new period, the operation of the executive power has emerged new characteristics. Under the pressure of the responsibility system, the operational choice of the executive power has entered a mode of coping with “inaction.” At this point, the program with its unique normative value into people’s vision. At the same time, with the adoption and implementation of the new Administrative Procedure Law, the due diligence review of administrative procedures is gradually incorporated into the scope of judicial review. The innovation of this essay focuses on the comprehensive theoretical construction of the connotation of the legitimacy of the administrative procedure, breaking through the limitations of the traditional pursuit of the legitimacy of the administrative procedure form, analyzing the problems found in the reality and the difficulties it encounters, and seeking to seek the theory And the best point of practice to meet the current needs of the rule of law.