On Specific Administrative Act Of The Reasons

Giving administrative act reasons system is very important in administrative procedure law, which came out with modern democracy and plays an important role in the control of executive power, the protection of legitimate rights and interests of the relative person. To study the system is not only of great theoretical significance, but also of great practical value. This paper begins with analysis of definition of giving administrative act reasons, and then introduces development background, the significance and the problem of positive law and judicial review. Compares with other countries, tries to conduct a set of complete and operative giving reasons system including range, contents, timeframe and law relief. This paper uses the analysis, systematic and comparative method, it is divided into five parts.Part one is about the general theory of giving administrative act reasons. The author briefly analyses the definition of administrative act at the beginning, then compares with other related systems, discusses the development background, the theoretical basis, the significance and necessity of giving reasons.Part two is about the problem of positive law and judicial review.At present, this system is still preliminary in China, scattered unsystematically in different laws and regulations and largely defected in its contents. Furthermore, it is very difficult to find out a giving administrative act reasons case in judicial review.Part three is about how to improve the system. With the comparative analysis method. It includes range, time, form and primary content. Of all, the legal basis, facts and the basis for direction are vital important.Part four is about legal consequences in case the obligation of giving reasons is violated. The paper introduces the content of defect of giving reasons and classifies it into five types based on the primary content.Part five is about the law relief of the system, it discusses the relief channel and the legal safeguard when administrative relative person's right was violated. It includes supplementing reasons, administrative relief, judicial relief.