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正当法律程序原则是现代法治国家行政法普遍确立的基本原则。它要求行政主体在作出影响相对人权益的行政行为时,应当符合法律规定的形式和时限,遵循法定或正当合理的操作规则,以确保行政行为公开、公平、公正。正当法律程序原则自产生以来,在规制行政权力、保护行政相对人合法权益等方面体现了自身价值。在实行依法治国,建设社会主义法治国家的今天,结合具体案例,明确正当法律程序原则的含义、基本要求与作用,探讨正当法律程序原则在我国行政法中的适用十分必要。
The principle of due process of law is a basic principle generally established in the administrative law of modern countries under the rule of law. It requires the administrative body to make administrative acts that affect the rights and interests of the relatives, should comply with the form and time limit stipulated by law and abide by statutory or just and reasonable operating rules to ensure the administrative acts are open, fair and just. Since the principle of due process came into being, it demonstrated its own value in regulating administrative power and protecting the legitimate rights and interests of the administrative counterparts. Today, in carrying out the principle of governing the country according to law and building a socialist country governed by law, combining the specific cases, it is necessary to make clear the meaning, basic requirements and functions of the principle of due process and to discuss the application of the principle of due process in our administrative law.