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建设法治政府不能仅仅局限于制度建设,更要强化价值理念的认同。执法正义是法律正义的基本要义,也是法治政府的价值理念。政府执法的正义诉求源于行政执法的基本特点:自由裁量空间的存在、公权力与私权利的直接交锋、执法目标与手段的统一、服务行政与人权保障的导向。比例原则、正当程序、诚实守信和民主参与是保障执法正义实现的正确途径。
The construction of a government ruled by law should not be limited to institutional construction, but must also reinforce the identification of values. Law enforcement justice is the basic meaning of legal justice, but also the value of government by law. The just demand of law enforcement comes from the basic characteristics of administrative law enforcement: the existence of discretionary space, the direct confrontation between public power and private rights, the unification of law enforcement goals and means, the guidance of service administration and human rights protection. The principle of proportionality, due process, honesty and trustworthiness and democratic participation are the correct ways to guarantee the realization of justice in law enforcement.