Research On The Legal Problems Of Administrative Informing

Administrative informing refers to those administrative organs which enjoy the qualification of administrative subject or other organizations authorized by laws, regulations, in the process of the specific administrative acts in accordance with the laws, according to the legal procedures and the range of relative persons to notice, make them known to the specific administrative act, the legal basis as well as content relative to the legitimate rights and so on. It is a concrete system in the administrative procedural law, which is in the basic position, but is also the important way of supervising the administrative organ exercise the administrative power. But, our country still did not have a unified administrative procedure law until now.In the academic theory, the drafts of the administrative procedure law by experts, such as professor YingSongnian’s the Chinese people’s Republic on Administrative Procedural Law (Draft), Professor MaHuaide’s the Administrative Procedure Law (Draft) and Professor JiangBixin’s the Provisional Regulations on administrative procedures in Chongqing city (Draft) and so on have embodied administrative information. In the legislative practice, administrative information is reflected in the administrative punishment law, the administrative licensing law, the regulations on supervision, the Law of price penalty procedure and several other main existing specific administrative laws, regulations, rules. Thus, current administrative information legislations and practices in China are still in the imperfective condition, especially the administrative organs violating the obligation of administrative lead the adverse legal consequences to relative persons still belongs to the legislative blank, in practice there are not effective administrative relief for the administrative relative persons.In the premise of the administrative procedure theory, combining with its own characteristics, the paper firstly points out explicitly the premise of participating in administrative procedures is the know right of the administrative relative persons. For a relatively weak position of administrative relative persons, giving the administrative persons the inform duty, not only relates to the relative people’s right to know, but also the premise condition of many of exercising the rights of administrative relative persons. Secondly, at the basis of analyzing all the existing theoretical origin of administrative informing, the thesis points out that the existing problem of the current administrative inform from the legislation our country, procedure and relief and analyzed the cause of the problem in our country. Finally, it designs a series of relief measures for the legal consequences arising from the existing problem of the administrative inform from the legislation, procedure and relief. Especially in strengthening the administrative relief measures, it aims at lacking of security law on administrative inform, losing the right of statement and defense, suffering losses without any relief measures due to administrative errors three aspects of administrative information, bring up his own opinion on creating the national compensation system of administrative informing.