论文部分内容阅读
行政程序法的基本原则可归结为公开原则、程序法定原则、公正原则和效率原则。行政程序法的基本原则应该具有直接的规范和约束力,应该通过具体的程序规则体现出来。公开原则应有信息公开、行政听证、阅卷和表明身份等制度与之配套。正式听证为程序法定的核心制度。公正原则应有回避相对案卷排他、不单方面接触和裁职分离等制度与之配套。效率原则可借鉴“默认即视为同意”的规则;应当具体规范行政程序简化的措施和方法;采用混合程序制度。
The basic principles of administrative procedural law can be attributed to the principle of openness, the principle of procedural legality, the principle of fairness and the principle of efficiency. The basic principles of administrative procedural law should be directly regulated and binding, and should be embodied through specific procedural rules. The principle of openness should include information disclosure, administrative hearing, marking and identification and other systems. The formal hearing is the legal core of the procedure. The principle of impartiality should be circumvented with respect to the case file exclusive, not only the contact and the separation of duties and other systems with the matching. The principle of efficiency can be borrowed from the rules of “acquiescence as consent”; the measures and methods for simplifying administrative procedures should be specified; and the mixed procedure system should be adopted.