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自然正义(自然公正)原则是英国普通法中一项古老的法原则。在司法实践中,英国法院不仅将其适用于法院和行政裁判所的司法,而且也适用于行政,并在行政法领域发展成为正当程序原则。20世纪以来,行政程序法成为西方各国行政法发展的重要内容。目前,我国行政程序立法与实践中存在的诸如重实体、轻程序,偏重行政效率、规避立法约束,监督和落实机制欠缺等问题,可以借助自然正义原则加以约束和纠正。
The principle of natural justice (the principle of natural justice) is an ancient law in the common law in Britain. In judicial practice, British courts not only apply them to the judiciary of courts and administrative tribunals, but also apply to the administration and develop into the principle of due process in the field of administrative law. Since the 20th century, the administrative procedural law has become an important part of the development of the western administrative law. At present, the problems existing in the legislation and practice of China’s administrative procedure, such as the heavy body, the light procedure, the emphasis on administrative efficiency, the avoidance of legislative constraints, the lack of supervision and implementation mechanisms, can be restrained and corrected by the principle of natural justice.