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依法行政要求行政机关全面、正确履行法定职责,即行政机关在执法过程中,要遵守法律法规规定的实体内容。行政必须依法,无法律即无行政,行政必须服从于法律。行政机关不依法办事,实际上是侵犯了法律所保护的社会利益。行政机关作为执法者,如果不依法办事,又如何去正确履行自己的职责?本案中的某省国土资源厅在行政执法过程中,未能做到依法办事,其作出的注销某矿业公司采矿许可证的决定最终被撤销。希望各级国土资源管理部门在行政执法中能以此为鉴,严格依法行政。
Administration according to law requires the administrative organ to fully and correctly perform its statutory duties, that is, the administrative organ shall abide by the substantive contents prescribed by laws and regulations in the process of law enforcement. The administration must be law-based, without law or without administration, and administrative must be subordinate to the law. Administrative organs that do not act according to law actually invade the social interests protected by the law. If the administrative organ as a law enforcement official fails to act in accordance with the law and how to properly perform his duties? In this case, a provincial Department of Land and Resources failed to act in accordance with the law during the administrative law enforcement and canceled the mining license of a mining company The decision of the card was eventually withdrawn. We hope that all levels of land and resources administration departments can take this as a guide in administrative law enforcement and strictly administer according to law.