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正当程序原则作为一项宪法原则已被世界各国得到广泛承认,其对限制政府权力、保障公民权利都有重要意义。在行政执法中,正当行政程序无论是作为一种执法理念,还是作为一种制度构建,其对于行政相对人的权益保障与规范政府行政行为而言,都是大有裨益的。然而在我国,各种“钓鱼执法”案例层出不穷,本文将由此作为切入点,分析在行政执法过程中正当行政程序缺失的原因及其相应的完善对策。
The principle of due process, as a constitutional principle, has been widely recognized by all countries in the world and is of great significance to the restriction of government power and the protection of citizens’ rights. In administrative law enforcement, proper administrative procedure, whether as a law enforcement concept or as a system construction, is of great benefit to the protection of the rights and interests of the administrative counterparts and the regulation of the government administrative acts. However, in our country, various cases of “law enforcement of fishing” emerge one after another. This article will take this as a starting point to analyze the reason of the lack of proper administrative procedure in the process of administrative law enforcement and its corresponding countermeasures.