行政程序正当性应当在实体目标上体现为对权利、控权和效率的价值追求,在程序上表现为参与、中立、公开等程序要求。而传统判断模式有着各自的缺陷,以公民参与和信息公开为核心的行政民主不仅能够体现程序本身的价值,也能够保证实体结果的公正,契合了行政程序的正当性要求。 The legitimacy of administrative procedure should be embodied in the objective of the entity as the value pursuit of rights, control and efficiency, which is procedurally manifested in procedural requirements of participation, neutrality and openness. However, the traditional judgment model has its own defects. The administrative democracy with civic participation and information disclosure as the core not only reflects the value of the procedure itself, but also ensures the fairness of the result of the entity and meets the legitimate requirements of the administrative procedure.