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职能分离制度是自然公正原则中“自己不能作为自己案件的法官”的具体体现。职能分离制度最早产生于司法领域,随着行政权的扩张,在行政领域得到了发展。我国现行实定法中关于职能分离制度的规定较简单笼统,而最能体现职能分离的听证主持人制度,也存在类似缺陷,应从法律上加强,并辅以相应的配套措施。
The separation of functions system is the concrete manifestation of the principle of natural justice that judges can not judge themselves as their own. The functional separation system was originally born in the field of justice, with the expansion of administrative power in the field of administration has been developed. The existing rules of separation of functions in our country is simpler and more general, and the system of hearing-presenters, which can best reflect the separation of functions, also has similar defects. It should be legally strengthened and supplemented with corresponding supporting measures.