Research On The Legalization Of The Types Of Administrative Ap Proval From The Perspective Of The Government Ruled By Law

With the deepening of the construction of the rule of law government,the application of administrative reply in administrative organs is more and more widely,which shows that its importance is more and more prominent.As one of the important ways to promote the construction of government under the rule of law,the administrative reply has the internal function of realizing the hierarchical supervision and displaying the multi-dimensional subject orientation in the administrative meaning of the rule of law.However,in practice,when the lower administrative organs directly take the administrative approval made by the higher authorities as the basis of law enforcement,when the relative person encounters its substantive impact,the relevant parts often simply return the administrative approval to the internal administrative act,resulting in the relative person can not get timely and effective relief,thus causing the relative person to question the administrative act of administrative approval.The basic reason is that the connotation and extension of the internal administrative act such as administrative reply are not clear,and the lack of type distinction is the main reason.The key to solve the problem of the application of administrative reply is to return to the functionalist approach of the construction of government under the rule of law,clarify the connotation and extension of administrative reply,distinguish the types of administrative reply according to the realization of functional value,and explore the path of its legalization.Through the empirical study of the publicly issued Administrative reply,it is found that it is an important basis to solve the new situation or difficult and complex problems when the law enforcement of administrative organs is not clearly defined.Further empirical study found that the main characteristics of the operation of administrative approval are: the format text has a tendency to simplify the format,the operation has a flat pattern of procedures,and the openness of administrative approval has a random choice.Under the background of the lack of typological thinking in the existing research,it is very necessary to distinguish the types of administrative reply according to the realization of its functional value.Only by distinguishing the types of administrative reply can it fundamentally bring substantial changes to the subject responsibility of the rule of law administration,the identification of administrative matters and the completion of handling suggestions.In other words,there should be different types of administrative reply in the process of administrative power operation,and its open form and procedural norms should match with them.We can explore the path of legalization of the types of administrative approval from the following three aspects.First,according to the realization of the functional value of administrative approval,the types of administrative approval are differentiated.As a part of the process of power management,there must be type differences in the operation of administrative power.Second,we should standardize the procedures of administrative approval by different types,and regulate the three types of procedures.Thirdly,there are different ways to make the administrative reply open.Each type of administrative reply should have different openness.Only by following the inherent law of the practical operation of administrative power,taking the administrative reply as the basis and standard of judging the administration by law,and legalizing the type of administrative reply according to the practical logic of the administration by law,can the functional value of the administrative reply be realized and exerted,and the government by law can be promoted to develop more standardized.