The Study On Giving Reason In Administrative Act

Giving reason in administrative act is a kind of consideration of facts,evidence of law and discretion factors that are out of specical provisions of law,which should be told to relatives person or stakeholders when having a relative effects of relatives person or stakeholders.Moreover,the paper also shows the way to improve the existing system in terms of its concept,scope,exceptional cases,way of conducting,content,require,etc.by comparing with other regulations of the administrative behavior.Through the above analysis,the paper is expected to help improve the administrative behavior system.That the administrative procedures,the National People's Congress to develop a unified administrative procedural law as the top design,and then for all areas of administrative law and administrative law as a supplement and specific operation,is a system to improve our socialist legal system and to adapt The choice of national conditions.The reasons should be made before or at the same time as the administrative act,which contains the facts,the legal basis and the reason for the decision.In terms of the scope of the reason,it is thought that abstract administrative action should not be explained for a while.At present,it shall be limited to the specific administrative act and shall be subject to the beneficial administrative ACTS of the other party,emergency,etc.Special regulations that do not justify or delay the explanation of the reasons.In the area of relief,the administrative action shows that the flaws mainly include "no reason","explain the reasons for insufficient","explain the reasons for the law" and "explain the reasons for improper" four types.The administrative reconsideration organ may,according to the circumstances,make a revocation decision,confirm the illegal decision and change the decision;the court may make a revocation of the evidence according to the evidence,to confirm the violation of the law.Judgment and confirmation of invalid judgment.And the enactment of <the Administrative Procedure Law> in 2014 has a unique highlight in the judgment,which can be used flexibly to revoke the judgment and confirm the illegal judgment according to the specific case of the defect,to reduce the administrative costs and the litigation.Finally,in the appendix,the contents of the article as a basis,drafting an administrative procedure to explain the reasons for some of the draft,to be able to expand the practical significance of the article.