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编者按:具体行政行为的合法性确认依赖于实体合法与程序合法两个方面,但以往的行政法学界过于强调具体行政行为的实体性要求,忽视了对它的程序性规范。近年来,重实体轻程序的现象有所改观,特别是多部规范具体行政行为的专门法律颁行之后,程序价值提升到前所未有的高度。然而,具体行政行为程序合法究竟具有何种内涵和价值,学界的看法既不统一也不成熟,影响到立法部门、执法部门和司法部门对行政行为程序之功能作用、设置标准、违反后果的具体把握,使得建设法治政府
Editor’s note: The confirmation of the legitimacy of a specific administrative act relies on both the legal entity’s legal and procedural legitimacy. However, in the past, the administrative law jurisprudence emphasized too much the substantive requirements of a specific administrative act and neglected its procedural norms. In recent years, there has been some improvement in the phenomenon of “heavy entity and light program”, especially after the promulgation of a number of special laws regulating specific administrative acts. The value of the program has been raised to unprecedented heights. However, what kind of connotation and value does the legal procedure of a specific administrative act actually have? The views of the academic community are neither uniform nor mature, affecting the functional roles of the legislative department, the law enforcement department and the judicial department in the administrative act procedure, setting standards and concrete consequences of violating the law Grasp, making the construction of a government by law