行政相對人基本程序權研究

The Research on the Basic Procedural Rights of the Administrative Counterpart

行政相對人基本程序權是指行政相對人所享有的與行政法治中的程序有關的權利，這個權利既不是一般意義上的權利，也不是一般意義上的程序權利，它是能夠主宰行政相對人在行政執法過程中的最為核心和系統的程序權利。行政相對人基本程序權利有著非常重要的法治價值，可以“倒逼”行政正義實現、使行政法治與時俱進、使行政執法人性化、使行政相對人權利過程化。然而，在我國，基本程序權利概念尚未形成、基本程序權利體系尚未形成、基本程序權利尚未有內容構造、基本程序權利缺少程序制度支撐。如何在行政法治建設中建構行政相對人基本程序權需要諸多具體的路徑，主要應對行政相對人程序權利進行梳理、完善行政法上的程序制度、制定統一的行政程序法、合理處理程序規則與實體規則的關係。

The basic procedural right of the administrative counterpart refers to one kind of rights enjoyed by the administrative counterpart, which has something to do with the procedure of the administrative rule of law. This right is neither an ordinary right in the general sense nor a procedural right in the general sense. In fact, it is the most core and systematic procedural right that can dominate the administrative counterparts in the process of the administrative law enforcement. This kind of right has a very important value of the rule of law, which can force the realization of the administrative justice, help the administrative rule of law keep pace with the times, humanize the administrative law enforcement, and make the rights of the administrative counterpart processed. However, in China, the basic procedural rights have not yet been structured and lack the support of the procedural system. What ’ s worse, both the concept and the system of the rights have not been formed. How to construct the basic procedural rights of the administrative counterpart in the construction of the adminis­trative rule of law requires a lot of concrete ways, which mainly be designed to solve the problem of combing the procedural rights of the administrative counterparts, perfecting the procedural system in the administrative law, formulating a unified administrative procedure law, and reasonably dealing with the relationship between the rules of the process and the rules of the entity.