Reason Of Administrative Legislation

In China, administrative legislation display huge function, but it also has all sorts of malpractices. Since long ago, the value of our country's administrative legislation favors to the thought of"Officialdom standard"and"Governs the people", lacks modern democracy consciousness. The intrinsic requests of spirit of govern by law is govern"the official"and"the power"by law. However, since"the officialdom standard"has a negative effects on our country for a long time, people always are familiar with take the administration as the centers, down to administrative legislation deviation to executive power, The administrative organ treats the legislation as the effective management tool, as the method to add examination and approval power, punishment power, charge authority, and so on, lacks protection to the citizen, the legal person and other organization. This kind of thought, reflection in administrative legislation is cannot effectively prevent the legislative power abusing; reflects to the administration legislative procedure, is the administrative organ all regard legislation as their interior matter when they legislate, they has not carried on the essential administrative legislation explanation. In administrative legislation process, we cannot purely depend on administrative organ to realize the goal such as protecting the formidable sponsor's rights, adjusting the benefit balance between the populace and administrative organ, protecting public's democracy participation, and so on. So many countries adopt certain legal method, established certain procedure such as public hearing, legislation reason explanation and so on to realize the above goal. This is the significance of the administrative legislation reason explanation procedure.Because various countries' law tradition, legal history is different, and the society and the administration need are different, the various countries' administration legislation has each characteristic. But various countries all adopt certain system or stipulation realizes the reason showing duty. In our country's administrative legislation procedure, the administrative legislation showing reason system is basically blank. Therefore it is necessary to establishes the administrative legislation explanation reason system by modeling legal system developed country's experience and relating condition of our country, when consummates the participation system.This article begins from the definition of administrative legislation reason, thoroughly analysis constitution, necessity, feasibility of administrative legislation reason. This article divides into four parts.First part, theoretically analyze the administrative legislation reason. First briefly analyzes the definition of administrative legislation reason, then introduced the constitution administrative legislation reason, from rationale, historical logic elaborate the origin and significance of administrative legislation reason.Second part is about the legal principle theory of law analysis of administrative legislation reason. First, elaborated the necessity administrative legislation reason explanation. Then, elaborate how to establish the administrative legislation explanation reason system by modeling legal system developed country's experience and relating condition of our country.Third part, by analysis the duty of administrative organ in the administrative legislation and the right of citizens, we try to find out a basis of administrative legislation reason.Fourth part is about how to establish the system of administration legislation explanation reason. First, to explain the essential condition to make administration legislation explanation, including manufacture time, content, way and so on. Next, by profits from the related content of western developed country administrative legislation, establish legal consequence about administrative legislation reason.