Research On The System Of Giving Reasons For Administrative Punishment

As an important system of administrative procedure,the system of giving reasons for administrative punishment decisions has a dual function entity and procedure.In today’s pay more and more attention to administration according to law, the system are the important existence which the study of administrative law should not be neglected.The system demands that administrative subject must state the reasons for the his decision including basic facts, the legal basis and discretion and reasoning process.In administrative behavior, if the decision is harmful to the administrative relative person’s legitimate rights and interests.In this paper, starting from the background of the system,draw lessons from other countries outside the system research and the applicable conditions,and based on the theoretical research status of the system in China, the legislation present situation and the administrative law enforcement practice,giving suggestions for building and perfecting the system in our country.All articles about thirty thousand words, a total of four parts.The first part Outlines the background of the system of giving reasons for administrative punishment decisions.It Include three parts, the concept of the system of giving reasons for administrative punishment decisions, generation and development process and function orientation.Overview of this part mainly through revealing the background and the value of the system, to illustrate in our country to establish and perfect the system of the necessity and importance.In this paper, on the concept of administrative punishment decisions adopted ZhangJian sheng professor’s point of view,that The administrative subject only in making administrative decisions, adverse to the administrative relative person to need to reason for the decision to inform the other party.It means applicable to explain the reasons system limit within the framework of negative administrative behavior.The second part is a brief introduction of extraterritorial the system of giving reasons for administrative punishment decisions.This part mainly from continental law system andAnglo-American law system of two parts, respectively choose a typical state to tell his system of giving reasons for administrative punishment decisions, in order to provide useful inspiration to the construction of the system in China.The article chosen Britain, the United States and Australia three countries in the European and American law countries to introduce their system of giving reasons for administrative punishment decisions.In continental law system countries from Germany, France and Portugal, the paper discusses on the application of the system of reasons,Finally, the other that not separately introduces several reasons system is also developed countries introduced summary.The third part is the current situation of China’s system of giving reasons for administrative punishment decisions.This part of the research status from theoretical research, legislative current situation and the current situation of the administrative law enforcement of the system at present in our country, the essay discusses the applicable,Our country theorists have made some achievement of the research of the system,But there are still a lot of research space;In the legislation also has many legal norm document specifies the system, but needs to improve the legislative level,Laws and regulations should be along with the progress of the development of the theory research and law enforcement practice and continually improved.Analyzing the current situation of administrative law enforcement mainly through bridge Da Qiao Di this typical case to unfold,Discusses the administrative main body the exercise of power why need to explain the reasons,what reason and how to explain the reasons.Finally through the theory research and law enforcement between current situation, achievements of legislation and law enforcement status for and guide the analysis of the situation,reveal the general situation of the apply the system in China.The fourth part written how to build and perfect system of giving reasons for administrative punishment decisions in China.On the basis of the part in front of the part before,First conclusion reveals the reasons system is lack of administrative procedural law of PRC, the content of the administrative punishment decisions reasons not clear,further put forward the contents of the system construction,It shall explain the reasons including the content and methods, the applicable scope, time, and defect remedy.Finally put forward Suggestions for the perfection of the system in our country, including the selection of legislation mode and concrete law construction.Through analyzing the merits of the other countries legislation pattern,thinking the legislation in our country should adopt centralized and decentralized legislation the legislative model of combining,Both to protect the existing legislative achievements, absorb the single regulation efforts on the system,And on the basis of the special legislation, the system construction of the system.Articles at the last, in the form of law, explain the reasons of administrative decision in our country system shall be prescribed by law to make clear the content presented,hoping in the future to the system of administrative procedure law in the legal system is established.