《行政诉讼法》第74条规定,行政行为程序轻微违法,但不对原告权利产生实际影响的,法院可以判决确认违法。该条款堪称我国的“准正当程序原则”条款。各地法院在适用该条款时,存在“基本共识未成、滥用迹象露头、中立标准休眠”等问题。确认程序轻微违法之判决方式,与正当程序原则是流与源的关系。以正当程序原则核心内涵统领“程序轻微违法”的认定,不仅是建设法治政府使然,也是在行政程序规则缺位时,统一司法审查尺度的唯一进路。 Article 74 of the Code of Administrative Procedure stipulates that if the procedure of administrative act is a minor offense but the actual impact on the rights of the plaintiff is not actualized, the court may adjudge to confirm the illegal act. This clause is called our “Pro-due process principle” clause. When applying this article, the courts in various places have such problems as “the basic consensus fails, the signs of misuse, the neutral standard dormancy” and so on. Confirmation of minor procedural violations of the law, and the principle of due process is the relationship between flow and source. With the core content of due process principle, the determination that “the program is a minor offense” is not only the result of building a government ruled by law, but also the only way to unify the standards of judicial review when the rules of administrative procedure are not available.