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行政程序的重要价值已得到了学界和实践部门的公认 ,制定和出台行政程序法业已成为我国在法治建设进程中的必然选择 ,人们试图将行政程序法设计成行政权运行中法治和人治的屏障和界碑 ,对其寄予厚望。然而 ,要使行政程序法不辱使命 ,就必须对行政程序立法的相关问题进行充分的研究和理论论证 ,其中 ,行政程序法在我国该如何定位是首先要解决的问题。行政程序法的定位包括六个热点问题 ,即《行政程序法》的程序法问题、行政程序法的法典化问题、行政程序法的公法问题、《行政程序法》的权力规范问题、《行政程序法》的内外行政程序问题以及《行政程序法》的行政司法程序问题 ,本文针对上述六个热点问题进行了讨论。
The important value of administrative procedure has been recognized by academia and practice departments. The formulation and introduction of administrative procedure law has become the inevitable choice for our country in the process of rule by law. People try to design administrative procedure law as the barrier of rule by law and rule of man in the operation of administrative power. Boundary monument, its high hopes. However, in order to make the administrative procedural law fulfill its mission, it is necessary to conduct sufficient research and theoretical argumentation on the relevant issues of administrative procedural lawmaking. Among them, how to position administrative procedural law in our country is the first problem to be solved. The positioning of the administrative procedure law includes six hot issues, namely, the procedural law of the Administrative Procedure Law, the codification of the administrative procedural law, the public law of the administrative procedural law, the power norms of the Administrative Procedural Law, the administrative procedure Law “of the internal and external administrative procedures as well as the” Administrative Procedure Law, "the administrative justice process, this article addresses the above six hot issues were discussed.