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法治的核心是依法治国,依法治国的核心是依法行政。两者都需要严格的程序制度予以保障。“正是程序决定了法活与恣意的人治之间的基本区别。”[1]随着我国政府加入WTO和依法治国的步伐不断加快,我国行政程序法的制定更应该体现公正、公开、公平、理性、参与和效率等价值要求。通过一些具体制度的设定,如行政公开制度、听证制度、说明理由制度、回避制度、不单方接触制度、告知制度、时效制度等,以进一步规范行政机关的行政活动和保护行政相对方的合法权益,从而真正实现依程序行政、依法行政,使行政机关的行政行为真正走上法治的轨道,更进一步推动依法治国。
The core of the rule of law is governing the country according to law, and the core of governing the country according to law is administration by law. Both require a rigorous procedural system to be safeguarded. “It is the procedure that determines the basic distinction between law and wanton rule.” [1] With the government’s accession to the WTO and the accelerating pace of governing the country according to law, the formulation of the administrative procedural law in our country should reflect fairness, openness and fairness , Rationality, Participation and Efficiency and other value requirements. We should further standardize the administrative activities of the administrative organs and protect the legal counterparts through the establishment of some specific systems, such as the system of public administration, the system of hearings, the system of reasons for reasons, the system of avoidance, the system of non-single-party contacts, the system of notification and the system of limitation. Rights and interests so as to truly realize procedural administration and administration according to law so that the administrative acts of the executive authorities can truly embark on the track of the rule of law and further promote the administration of the country according to law.