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政府在行政执法过程中应采用正当取证手段作为执法依据,严格依法办事,使违法行为受到应有的惩罚,使公民的权利依法得到保护。而在执法过程中如何行使执法权?取证过程怎样才能正当合法?本文通过案例分析,比较研究,逻辑分析等方法,通过对行政执法的程序正当,证据合法,人民法院独立行使审判权;公民合法权利的保护这三方面的剖析,提出公民在受到行政处罚后的权利保护和行政机关正当程序的建议。从而促进行政机关依法行政,执政为民,在全社会形成崇尚法治的和谐氛围。
In the course of administrative law enforcement, the government should adopt proper evidence collection methods as the basis for law enforcement and strictly observe the law so that the illegal acts are punished accordingly, so that citizens' rights are protected according to law. However, how to exercise the power of law enforcement in the process of law enforcement? How can the law of evidence collection process be legal and legitimate? In this paper, through the methods of case analysis, comparative study and logical analysis, the procedure of administrative law enforcement is valid, the evidence is legal, the people's courts independently exercise jurisdiction, The protection of the rights of these three aspects of analysis, put forward the citizens after being punished by the protection of the rights and due diligence procedures of the executive authorities. So as to promote the administration according to law and govern for the people and form a harmonious atmosphere in the whole society that advocates the rule of law.