近年来,有关行政程序法典化的呼声在我国行政法学界愈发高涨,随着党的十八大四中全会对“依法治国”这一基本战略着重强调及我国法制建设的不断推进,体现正当程序精神的行政程序法已呼之欲出。同时,台湾新出台的“大法官解释”第709号亦使房屋拆迁这一社会热点问题再度回归人们的视线,故本文欲以房屋拆迁这一典型行政程序问题为例,对两岸正当行政程序之立法现状作以比较分析,希望能对我国正当行政程序之创设提供些许借鉴意义。 In recent years, the call for the codification of administrative procedures has become more and more popular in the field of administrative law in our country. With the emphasis emphasized in the basic strategy of “governing the country by law” in the 18th Plenary of the 18th CPC Central Committee and the continuous promotion of the legal system construction in our country, The administrative procedural law that reflects the spirit of due process is ready to come out. At the same time, Taiwan’s newly released “Judges Interpretation ” No. 709 also makes the social issues of housing demolition once again return to the people’s attention, so this paper attempts to house demolition of the typical administrative procedures as an example, The legislative status quo of the program is comparatively analyzed, hoping to provide some reference to the creation of our due administrative procedure.