关于行政程序的价值探索——兼论平衡论的意义

A Probe of the Value of Administrative Procedures——on the significance of the balance theory

我国法律传统向来重实体轻程序,奉行"结果好便一切都好"的实用主义哲学理论。但是,在走向法治化的过程中,我国越来越深刻地认识到程序的价值和作用。平衡论把行政程序的作用提高到了举足轻重的地位,主张通过行政程序权利义务的倒置达到总体平衡。行政程序法的基本价值目标是公正与效率,平衡论对我国行政程序法公正与效率兼顾目标模式的确立作出了积极贡献,指导了我国行政程序法律制度,而且在行政程序立法实践中也有体现。

China has always been a country which regards entity as more important than procedures with the belief in the philosophical theory of pragmatism as seen in the saying that 'all's well that ends well.' However, with in the process of the implementation of law, China is even more aware of the value and function of administrative procedures. The theory of balance advocates an overall balance through the inversion of the rights and obligations of the administrative procedures, raising the function of the procedure to a prominent position. Since the basic value target of the law of administrative procedure is to obtain righteousness and efficiency, the balance theory has made positive contributions to the establishment of target models with significant guidance to China's law system regarding administrative procedures as well as realistic enlightenment to the legislation practice of the administrative procedures.