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目前,行政程序法的制定已列入十届全国人大常委会的立法规划,全国人大常委会法制工作委员会已经开始征求意见,进行立法调研。而行政程序立法的研究工作也已臻于成熟,关于《行政程序法》建议稿及理由说明书等也是不断涌现。通过现实中的一些案例,对我国行政程序法治现状进行考察,并介绍我国制定行政程序法典的理论和立法准备工作,最后立足思考基本制度设计。
At present, the enactment of the Administrative Procedure Law has been included in the legislative plan of the Tenth NPC Standing Committee. The Legislative Affairs Working Committee of the NPC Standing Committee has started to solicit opinions and conduct legislative research. The research on the administrative procedure legislation has also matured. The draft of the Administrative Procedure Law and the explanation of the reasons also emerge constantly. Through some cases in reality, we inspect the status quo of the rule of law in our country’s administrative procedure and introduce the theoretical and legislative preparations for the formulation of the administrative procedure code in our country. Finally, we think about the basic system design.