程序主义下法治化发展及趋向——兼论行政执法程序主义法治化

Development and Trend of Rule by Law under Proceduralism——A Discussion on Legal Trend of Proceduralism of Administrative Law Enforcement

建设法治国家在我国已经被提升到新的高度。然而,面对社会发展转型特殊时期,一定程度上非程序性行政执法暴力行为激发社会矛盾越发突出。我国行政执法权是基于人民授权的执法权,行政执法过程就是在一个不同的语言语境下释话人与受话人以语言为媒介的商谈交往行为。非程序性执法过程不能保障其执法行为的正当性。从程序主义出发,行政执法程序正义保障其结果正义,它是构建法治国的有利因素之一。

The construction of a country ruled by law has been promoted to a new height in our country. However, the phenomenon becomes increasingly prominent that non-procedural administrative law enforcement violence be-haviors inspire serious social contradictions to a certain extent in the special period of social development transition. Administrative law enforcement power in our country is based on people＇s authorization of the executives, the ad-ministrative law enforcement process is a kind of communicative behavior between interpreters and learners under the different language contexts by taking language as a medium. Non-procedural law enforcement process can not safeguard its behavior justicial. Starting from the view of proceduralism,the administrative law enforcement proce-dure justice safeguards the results justicial,which is one of the advantages of building a country ruled by law.