行政程序:对传统控权机制的超越

行政程序作为现代法治的控权机制,是对传统法治控权机制的超越它可避免传统实体控权机制的僵硬、死板,既不过于束缚政府行为的手脚,又可防止政府实施行政行为的恣意、滥权;有利于充分调动行政相对人参与国家管理、参与行政行为的积极性,避免传统法治“以权力制约权力”的局限性;有利于改进政府内部运作机制,提高行政效率;有利于事前、事中纠错,尽量避免给行政相对人和社会公众造成不可挽回的损失。

Administrative Procedure: Surpassing the Traditional Mechanism to Control Administration

As a modern mechanism to control administration, administrative procedure law surpasses the traditional one. Firstly, it doesn't restrict the freedom of the government unduly, like the traditional mechanism, and avoids the arbitrariness and power abuse of administrative acts performed by the government. Secondly, it is propitious to mobilize administrative relative persons to participate in the state administration, abstaining from the limits of power vs. power in the traditional mechanism. Thirdly, it is propitious to ameliorate the inner running mechanism of the government, improving the efficiency of the administration. Finally, it is propitious to correct mistakes in advance or in the cases, avoiding irreparable losses made to the administrative relative persons and to the public.