On The Administrative Acts Of The Reasons

Giving reason in administration act is an important legal institution in administrative procedural law. This article, cutting in from the definition of giving reason in administration act, analyses profoundly the theoretical basis, content, scope, time, and form of giving reason in administration act, as well as legal consequences in case the obligation of giving reason is violated in administration act. It is divided into four parts.Part I is about the synopsis of administration act. The author briefly analyses the definition of administration act at the beginning which just implies that the coverage of giving reason in administration is not limited to concrete administration act. And then the concept, characteristics, and significance of giving reason hi administration act is expounded.Part II is about the theoretical basis of giving reason in administration act. The author elaborates in detail the origin, development background, and necessity of giving reason in administration act in five aspects, i.e. liberalism and responsible government doctrine, administrative openness, citizen participation, necessity of administrative remedy, and guarantee of correct exercising the right of discretion.Part III is about the system construction of giving reason in administration act. The author states the common essentials for a legitimate prospectus of reason and classifies as fact, law, and basis of discretion. And also the scope, time, and form of giving reason in administration act based on the comparison of relevant content of administrative procedural laws in various countries especially western developed ones is analyzed.Part IV is about legal consequences in case the obligation of giving reason is violated. The paper introduces the concept of defect of giving reason in administration act and classifies it into two types based on the comparison analysis of the legal consequences in case the obligation of legal consequences when the obligation of giving reason is violated in foreign countries.