On The Acceptability Of Administrative Decision

Administrative dispute refers to the generic term of social disputes caused by administrative subject in the process of exercising administrative power.At the present time of the rapid transformation period in China,administrative disputes occur frequently.Many administrative disputes have caused serious negative social impact,which is not conducive to social stability and development.The existing administrative dispute resolution means more or less rely on administrative litigation,and the "litigation centralism" resolution mechanism focuses too much on the rescue after the event and ignores the essence of administrative decisions,which has logical deficiencies and practical difficulties,resulting in the ineffectiveness of administrative dispute resolution.Due to the reasons of administrative disputes,the acceptance of administrative decisions is not high,and administrative decisions are actually part of social exchanges,therefore,we should explore how to realize the acceptability of administrative decisions through rational communication so as to effectively resolve administrative disputes.In the process of this discussion,we need to think about the theory and practice of the acceptability of administrative decisions we need to answer the following questions:“Why do we study the acceptability of Administrative decision?”“what is acceptability of administrative decisions?”and “how do we realize the acceptability of administrative decisions".Specifically,such questions cover these parts: the meaning of the administrative decision and its acceptability,the theoretical connotation of the acceptability of the administrative decision,the theoretical basis and social practice of the acceptability of the administrative decision and the realization of the acceptability of the administrative decision.There are five chapters in the dissertation,besides the introduction and conclusion.The first chapter is to define the acceptability of the administrative decision.The processing of the definition includes three parts: semantic definition,core content and determination of extension.From the semantic point of view,administrative decision refers to the result that influences the rights and obligations of a specific administrative counterpart and is made by the administrative subject through applying the law norms under the certain procedure.Acceptability should be understood as the objective attribute of a particular thing that can be accepted by social subject;The acceptability of administrative decision includes two aspects of its semantic: the attribute of thing and theoretical construction.The former refers to the objective attribute of administrative decision that can be accepted by the social subject concerned.The latter is a series of theories with the core of "administrative decision should have and how to realize acceptability".The core content of the theory of acceptability of administrative decision consists of ontology,cognitive theory and methodology.Although acceptability of administrative decision does involve subjective psychology,it is still an objective attribute in essence.The acceptability of administrative decision should be recognized by the analytical framework of "subject-subject",and attention should be paid to the independent status of different social subjects in accomplishing a certain administrative task and the consultation and cooperation between them.In the way of realization,we hope to achieve win-win cooperation through rational communication,that is to say,the acceptability of administrative decision should be realized through the virtuous interaction between social subjects.As far as its extension is concerned,the theory of acceptability of administrative decision does not negate the administrative basic theories such as the effectiveness of administrative act,the basic principles of administrative law and the theoretical basis of administrative law,but it is also unable to be effective by administrative act.The basic principles of administrative law and the theoretical basis of administrative law can,to a certain extent,extend or promote the effectiveness of administrative acts,the basic principles and theoretical basis of administrative law.The second chapter is the theoretical basis of acceptability of administrative decision.The purpose of this chapter is to study whether the acceptability of administrative decision is supported by the basic theory,and adopt the multi-dimensional perspective of macro,meso and micro to form a multi-level system in the logical structure.In macroscopical aspect,the theory of social communication mainly focuses on the rational communication between state power and civil rights.As its contemporary achievement,the theory of communication behavior emphasizes that the social subjects in the perspective of intersubjectivity should form a consensus through virtuous interactive communication to achieve rational communication.Administrative decision is a process of social communication in a specific field,so the theory of social communication and its contemporary achievements(communicative behavior theory)provide the support of social philosophy for the acceptability of administrative decision.In terms of Mesoscopic level,the theory of justice and the theory of administrative justice formed by the integration of the administrative law have provided the support of the legal philosophy for the acceptability of the administrative decision.The theory of administrative justice contains the acceptability of the administrative decision and needs to be realized through the acceptability of the administrative decision.At the micro level,the theory of administrative rule of law,in particular the essence of the rule of law,pays close attention to the interaction between the executive power and the civil rights on the basis of good law,which is enough to lay the foundation of the administrative law philosophy for the acceptability of the administrative decision.The third chapter is the criteria of realization of the acceptability of administrative decision.The purpose of this chapter is to consider whether there are objective criteria for the realization of acceptability of administrative decisions,how to form judgment criteria and what content the criteria contain.Through the interpretation of the criteria of the acceptability of administrative decisions,it is clear that there should be objective criteria for the realization of the acceptability of administrative decisions.Based on the analysis of the factors related to the establishment of the criteria,it is concluded that the criteria for the realization of the administrative decision should be constructed from the two aspects of the process and the result.Finally,the paper puts forward the concrete content of the realization criteria of the acceptability of administrative decision,that is,the realization of the acceptability of administrative decision is judged through the two aspects of the result and process of administrative decision,the former includes the conclusive evidence for confirming the fact,the correct law applied in achieving the result,giving full consideration to the related interests and contents in line with social ethics;the latter includes mutual respect,transparent and accurate information and smooth exchange of views.The fourth chapter is the practical analysis of the acceptability of administrative decision.This chapter mainly discusses the practice of acceptability of administrative decision,including the concrete manifestation of acceptability of administrative decision in practice,the main manifestation of the insufficient realization of acceptability of administrative decision,the reasons for the insufficient realization of acceptability of administrative decisions and the main factors affecting the realization of acceptability of administrative decisions.By sorting out the relevant materials formed in the administrative legal practice of legislation,judicature and administration,it is found that the administrative legal practice implements the basic requirements of the theory of acceptability of administrative decision intentionally or unintentionally.Through the analysis of official authoritative data,it is found that the insufficient realization of acceptability of administrative decision is mainly manifested in the protection of the rights of the parties and the negative evaluation of the referees,and the reasons are shown as the mentality of pursuing profit,the basis of evil law.,the decision out of order and the quality of law enforcement officers and so on.Through the study of the social practice in the city of N,the main reasons that the administrative decision is not accepted is summarized,that is,the pursuit of interests and the confusion of the social psychology,the existence of the evil law in the making administrative decision,the specific content of the administrative decision and the anomie of the specific process,and the quality of the administrative law enforcement staff to be improved.Then the paper induces that the main factors that affect the realization of the acceptability of the administrative decision includes the subjective and objective aspects which are embodied as the basis of the social psychology,the basis of the administrative decision,the content of the administrative decisions and the procedures for administrative decisions.The fifth chapter is about the ways of realization of the acceptability of administrative decision.Based on the theoretical research results and the practical analysis of the acceptability of the administrative decision,this chapter explores the ways to realize the acceptability of the administrative decision and the boundary in the process of realizing the acceptability of the administrative decision.The main ways to realize the acceptability of the administrative decision include as follows:to establish the social psychological basis for the acceptability of the administrative decision through common interests and intersubjectivity from the two dimensions of material and spiritual;to realize the basis of the acceptability of the administrative decision by facing the evil law and shaping the good law with great efforts;to provide sufficient guarantee for the acceptability of the administrative decision in terms of the content or the result by rational resolving the conflict of interest in the administrative decision;to ensure the process of making decision to be transparent and open and interactive,and to realize the admissibility of the administrative decision in accordance with the internal value and the basic position of due process.The main boundary in the process of realizing the acceptability of administrative decision lies in that no violation of mandatory legal norms,no harm to the public interests of the society and no influence on administrative efficiency.