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随着我国社会主义法制进程的推进,行政执法中越来越重视执法程序的合法性。过去那种重实体轻程序的认识和做法,正在被实体和程序并重的认识和做法所替代。按照依法行政的要求,程序合法是认定行政行为合法的重要条件,行政机关作出行政行为时,不仅要遵守实体法的规定,而且行政行为的程序也应合法。行政机关违反了法定程序,实际上是侵犯了法律保护的社会利益,比实体违法的危害更大。因为,它破坏了法律的尊严,影响了人们对法律的信仰,不利于树立法律的权威。行政机关自己作为执法者都不守法,如何能要求公民、法人或者其他组织守法呢?因此,对具体行政行为的程序审查是决定其应被维持还是应被撤销的重要环节。这就要求各级行政机关必须严格按照程序办事,做到不仅实体合法,更要程序合法,这样才能更好地保护行政相对人的合法权益。本案中某省厅就很好地做到了这一点,值得各地在行政执法中借鉴和学习。
With the progress of the socialist legal system in our country, more and more attention is paid to the legitimacy of law enforcement procedures in administrative law enforcement. The understanding and practice of the past, the light and the heavy procedures of the entity are being replaced by the understanding and practice of both the entity and the procedure. In accordance with the requirements of administration according to law, the legal procedure of the procedure is an important condition for the determination of the legality of the administrative act. When the administrative authority makes the administrative act, it not only complies with the provisions of the substantive law, but also the procedure of the administrative act. In violation of statutory procedures, the administrative organ in fact violates the social interests of law protection and harms the entity illegally. Because it undermines the dignity of the law, affects people’s belief in the law, is not conducive to establishing the authority of the law. How can we ask citizens, legal persons or other organizations to abide by the law if the executive authorities themselves, as law enforcement officials, do not abide by the law? Therefore, the review of the procedures for specific administrative actions is an important part of deciding whether they should be maintained or should be revoked. This requires that administrative organs at all levels must act strictly in accordance with the procedures so that not only the entity is lawful but also the procedure is lawful so that the lawful rights and interests of the administrative counterparts can be better protected. In this case, a ministry and the government office did a very good job of this point, which deserved to be borrowed and studied in administrative law enforcement.