正当行政程序之价值基础

正当行政程序具有合法性、合理性与人道性的基本特征。抽象的自然正义是正当行政程序的价值渊源,它要求避免偏见和进行听证;具有相当灵活性与操作性的正当法律程序是正当行政程序的理论依据和制度基础,它是正当行政程序的外在价值;程序正义是正当行政程序的内在价值,它要求程序本身的纯粹的善。

Basic Values of Administrative Due Process

Legitimacy, rationale and humanity are basic elements of administrative due process. Tracing back to the resources of administrative due process, one can find abstract natural justice among its highest values, which requires bias to be rooted out and hearings to be held. Being highly flexible and operational, the due process of law affords a theoretical and institutional basis for due process of administration and serves as an external value of administrative due process. Procedural justice is deemed to be an internal value of due process of administration, which requires its procedure to be purely good.