Research On The Giving Reason System Of Administrative Action

To restrain administrative power, to protect the rights of administrativecounterpart, the development of administrative law has moving from Legislativecontrolling power and judicial controlling power to Procedural Controlling power.More and more countries Increasingly concerned about administrative procedures,and most countries have the form of legislation to be established the administrativeProcedure Act.Common law countries has always been to focus on the value of theprocedure, the principles of natural justice is a very old principle in British history,experienced by the judicial administrative areas, expanding its scope of applicationof the development process in the administrative field. Under the principles of "dueprocess",The United States promulgated Administrative Procedure Act and lots ofadministrative openness law. France, Germany and other civil law countries alwayspaying more attention to administrative efficiency have enacted the AdministrativeProcedure Act.China is still no uniform administrative procedures legislation. in recent years,from all walks of life to establish uniform administrative procedure law’s voice grewincreasingly, more and more scholars haven studied the administrative procedurelegislation,even giving the draft legislative test and evaluation of administrativeprocedures.Also,the local program legislation is gradually increasing.Legislation andstudy provide the foundation for our country to establish uniform administrativeprocedures.Administrative action to reason-giving system is the basic principles andinstitutions of the Administrative Procedure Act,and it is one of the least equitablesystem of administrative procedures.Most countries in the Administrative ProcedureAct provides for administrative acts to explain. There are many defects and problemsof the reason.Administrative action to reason-giving system in our country.Disputing of Scholars focused on the scope of the reasoning-giving, how to givereason,responsibility of the reasoning-giving and so on. Generally believed that thestanders of the the minimum of administrative procedures fair are principle ofprocedural fairness and the principle of openness,procedures involved in theprinciples and procedures of the principle of efficiency. The administrative action toreason-giving system belongs to the specific system of administrative opennessprinciple. The establishment of the system for the control of administrative power,protect the citizens right to know, to alleviate the administrative relative person ’santagonism and judicial review has very important function and significance. Basedon the analysis of China’s administrative action explained that the reason system’spresent situation and problems on the basis of, and examines the various countriesand regions of the administrative action explained that the reason system, putforward our country administrative action explained that the reason system’sconcrete construction.First,this paper introduces the geaving reason system’s concept, analysed thatthe geaxing reason system contains the basic elements, in theoretical analysis underthe premise put forward their views.In order to better understand reason-givingsystem, the author also explained that the reason system with relevant system tomake the distinction, and points out the Importance to the administrative relativeperson,the principal administrative and a judicial review.On this basis, the secondpart discusses the reason-geaving system in continental law system andAnglo-American law system’s historical development, and it was explained that thereason system includes the value of elements, so as to construct explained that thereason system provides theory basis and foundation.Because our country has notpublished the code of administrative procedure, reason-geaving system isdispersed,Although the local legislation and regulations has explained that the reasonsystem’s rules, but there are still some defects, which explained that the reasonsystem in practice and did not play its due role and value,On the basis of locallegislation and law case, this paper pointed out our country present explained that thereason system deficiencies, so as to construct the basis for the reason-geavingsystem in detail provides.The main part of the fourth combining the above theory problem about our country administration explained that the reason systemconstruction related problems.The fourth part is combined with other countries’legislation, from the justification of the scope, content, time and manner as well asbreach of reason to bear legal liability and other aspects and construct, answer whatadministrative behavior, how to explain the reason and justification of the degree,consequences of such problems.Paper in the last pointed out that if theadministrative action to reason-giving system established, we should also improvethe quality and theoretical knowledge of law enforcement officers, strengthen thepublicity of the due process concept,for providing protection to implementreason-giving system.