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旨在从源头上预防和治理腐败,保障和监督行政机关依法有效实施管理的行政许可法,已正式获得通过。日前,国务院发出通知,要求国务院各部委和各级政府严格依法行政。然而,一些行政机关和部门,在行使执法权力和职能的过程中,出现各式各样的偏差、漏洞、扭曲甚至违规违法行为。法律专家称之为“低级执法”。它不但背离法治的本旨和精神,损害当事人的利益,引发执法纠纷,而且还影响法律的权威和尊严,伤害民众对法律的信任。
The Administrative Licensing Law, aiming to prevent and control corruption at the source, and to guarantee and supervise the effective implementation of administration by administrative organs in accordance with the law, has been duly passed. Recently, the State Council issued a circular calling on all the ministries and commissions under the State Council and all levels of government to strictly administer according to law. However, some administrative organs and departments have all kinds of deviations, loopholes, distortions and even violations of laws and regulations in the exercise of law enforcement powers and functions. Legal experts call it “lower law enforcement.” It not only deviates from the essence and spirit of the rule of law, undermines the interests of the parties concerned and leads to disputes over law enforcement. It also affects the authority and dignity of the law and undermines public trust in the law.