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程序立法的呼声由来已久,其初衷无外乎规范权力、保护民众利益、提高行政效率。程序立法终因多方阻力而被搁浅,究其原因,我以为还是立法时机尚不成熟,主要表现为:一是行政权力太过强势,其强势地位一时难以动摇,也不愿意动摇;二是民众法律意识淡薄,民众整体法律意识偏低,对程序方面的诉求基本空白;三是主要领导干部没有真正重视程序的作用和意义;四是违反程序的行政问责及责任追究体系不够健全或运转不力。这就是中国的国情,应松年教授的《中国行政程序法立法展望》一文写的相当好,分析也相
The voice of procedural legislation has a long history and its original purpose is nothing less than the normative power to protect people’s interests and improve administrative efficiency. The procedural legislation has finally been stalled due to multi-dimensional resistance. The reason for this is that the timing of legislation is still immature. The main manifestations are as follows: First, the executive power is too strong and its strong position can not be shaken for a moment, nor is it willing to waver. Second, the public The legal awareness of the public is low, the people’s overall legal awareness is low, and the demands on the procedures are basically blank. Third, the leading cadres do not really value the role and significance of the procedures. Fourth, the administrative accountability and accountability procedures that violate the procedures are not sound enough or run poorly . This is China’s national conditions. Professor Ying Song’s article on “China’s Legislative Outlook on Administrative Procedural Law” is quite well written and analyzed