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参与原则是指利害关系人有权参与行政决定的作出过程,并且影响决定的内容。它是行政程序法的基本原则。参与原则具有保障人权、强化民主、提高行政行为的可接受性等法律意义。人的主体性理论是参与原则的理论依据。本文在介绍参与原则内容的基础上,提出了参与原则的保障机制并对其进行了立法思考。
The principle of participation refers to the process by which the interested party has the right to participate in the administrative decision and affects the content of the decision. It is the basic principle of administrative procedural law. The principle of participation has the legal meaning of safeguarding human rights, strengthening democracy and improving the acceptability of administrative actions. Human’s subjectivity theory is the theoretical basis of the principle of participation. Based on the introduction of the principle of participation, this paper puts forward the guarantee mechanism of the principle of participation and makes a legislative reflection on it.