谈正当程序原则在行政执法中的运用

正当程序原则作为行政机关行使职权时最基本的程序规则,已为《国务院全面推进依法行政实施纲要》明确肯定。文章以《实施纲要》有关正当程序的规定为基点,明确阐释了正当程序在行政执法中应当遵循的原则,以求实现行政执法当中的程序公正,保障行政相对人依法享有的程序权利。

The Application of Due Process Principles in Administrative Enforcement of Law

As the most basic rules of procedure while administrative organization exercising its functions and powers, due process principle has been affirmed clearly in "State Council's Fully Advance the Program for the Implementation of Administration by Law". On the basis of relative rules of due process in "The Program", this article expounds the principles of due process followed in administrative enforcement of law, which hopes to realize a fair process in administrative enforcement of law and guarantee administrative counterpart's rights of enjoying process in accordance with law.