Research On Relevant Considerations In Administrative Acts

Since the 90s of the 20th century, with the emergence of a large number of administrative legislation on relevant considerations in administrative acts ,the responsibility to regulate the relevant considerations becomes more and more important have the expressed guidelines for the administrative acts,ther.The "relevant considerations" theory discussed in this paper is not limited to the administrative discretionary power, in fact ,even if the lawe still goes the relevant considerations issues. I hope this paper can clear the specific standards of how to review the relevant considerations in administrative acts, based on some of the administrative law jurisprudence and on review of foreign advanced technologies. And by learning the rules, combining with our practices,we can get the specific standards of considerations.The first chapter of this thesis introduces the concept and features of the administrative act , classifys it by its nature ,and analyzes its status and role in the administrative law. The relevant considerations must have the reasonable relationship with the main factors that the subject of administration should or could considered when they make their decisions.The second chapter focused on the legislative analysis on the relevant considerations, including laws, administrative regulations, administrative rules, regulations of the local government administrative acts . Recommendations are made to establish the system of the relevant consideration regulations . For example, the executive should indicate and open to the opposites the reasons for the administrative actions and the basic relevant factors the executive authorities considered for a decision.The chapter three focused on the relevant considerations theory of other countries and regions to learn some succefull cases and the researching results. In fact, the considerations of relevant factors are based on the basic principles of administrative law, having a cross-cutting. Therefore, the review of the technical rules on the relevant considerations should also be discussed with the other principles of administrative law, such as the principle of reasonableness, the principle of proportionality .The chapter four leads to a conclusion that in order to regulate and review the relevant considerations, the regulations should be established accordingly. The judicial review system should have their own relevant standards , the Standing Committee should review the government actions, and the government should review the inferior government and departments.