Research On The Method Of Explaining Reasons For Administrative Actions

Essentially,it is the process of legal argumentation of administrative act,showing the thinking process of administrative organ making administrative act,and providing it to administrative relative person to examine and test,in order to get the administrative relative person to be convinced of the administrative act.Explaining the reason is concerned with how to get the final legal decision from the legal basis and legal facts.Looking at the current explanation of the actual reasons,there are fixed format,too simple,insufficient statement of facts,lack of evidence of legal norms,the result of the lack of demonstration and other problems;In terms of causes,although there are many factors,in essence,it can be argued that the lack of legal thinking and legal methods to explain the reasons will lead to the failure of the expectation of explaining the reasons,and it is necessary to explore a way to ease the situation.There are different approaches to improve administrative reasoning from different perspectives.From the requirements of the essence and connotation of reasoning,it is necessary to make rational explanation and study and judge from the perspective of legal argumentation.Legal argumentation has the functions of proof and success,refutation and persuasion.It has logic,rhetoric and negotiation.Logic is concerned with its form,rhetoric with its content,and negotiation with its procedure.Legal argumentation provides logical guidance on the application of law,rhetorical methods on the matter,and points out the construction of a good speech environment.Logically,it is necessary to analyze the correctness of the cited legal norms,whether the case facts are reliable,whether the facts are consistent with the norms,as well as the purpose of the law and the value of administration.In terms of rhetoric,from the analysis of the inherent attributes of the audience theory,the administrative organ needs to consider the psychology of the “audience” in order to persuade the “audience”,reach a certain consensus,construct reasons with the help of rhetorical methods,and explain the reason,jurisprudence and reason.Special cases need emotional persuasion.In terms of negotiation,administrative organs need to create a good environment for reasoning and discourse,abide by the rules of discourse,have an equal and orderly sincere dialogue,and change the traditional position of “up to down” condescension between administrative organs and administrative counterparts and the unequal position of “subject-object dichotomy”.The basic elements of argumentation needed to explain the reasons of administrative ACTS,including argumentation based on facts and decision argumentation;Combined with logic,rhetoric,discussion of thinking enlightenment,based on the typical case,to refine the method;First,the case facts should be clear and proved by legal norms.The final decision should reflect values,avoid rigid application of legal provisions and integrate legal principles.Second,reasonable use of rhetoric methods,combined with the facts of the case to explain the concept of uncertainty,special case integration of ethics and moral,legal value and other rhetoric reasoning;Third,it focuses on the thinking of negotiation and dialogue in reasoning,carries out argumentation in the administrative process,so that the role of argumentation and presentation can be displayed,and records argumentation opinions in administrative documents.Fourthly,it puts forward some Suggestions for the improvement of administrative documents,and looks forward to the reform of administrative documents,which can show the methods of explaining reasons and enrich the connotation of rational documents.