Research On The Reasoning System In The Construction Of The Rule Of Law Government

As one of the important parts of the rule of law in modern administrative procedure,the reason system is not only an important system attached to administrative decisions and orders,but also meets the basic principle of legality and rationality of administrative acts.At the same time,it also affects the effectiveness of administrative acts in some links of the administrative processing system,and greatly enriches and expands the administrative legitimacy And rationality.At present,there are many provisions on the system of giving reasons in the field of administrative legislation in China,but there are no unified provisions on it,and the legislation is too scattered.At the same time,the system of giving reasons actually plays a role in restraining administrative law enforcement personnel.Based on the different understanding of risk aversion,different people have different understanding of the effectiveness of the system of giving reasons.Generally speaking,the nature,function and status of the reason explanation system are not clear.The reason explanation system does not form an effective regulation in law,which leads to the instability of the constraints on administrative law enforcement personnel.This instability does not meet the requirements of modern rule of law for legal clarity and consistency.In the construction of the rule of law in contemporary China,especially in the construction of the government under the rule of law,due to the absence of the administrative procedure law and the influence of the concept of "valuing the entity over the procedure",the procedural rule of law in China is still relatively weak.From the perspective of procedural rule of law,we should not only strengthen the system of giving reasons at the level of legislative norms,but also at the level of practice.Therefore,this paper will make an in-depth analysis of the provisions of the reason system in the field of the construction of the rule of law government and the application of these provisions in the practice of law enforcement,break through the legal link between the reason and legitimacy,rationality,and put forward the corresponding improvement measures.In view of this,this paper is divided into four parts:The introduction discusses the research status of the reason system and the research path of the article.In the process of building a government under the rule of law,compared with the research on the system of justification by judicial organs,the theoretical research and Practice on the system of justification in the process of administrative law enforcement are obviously insufficient and necessary.This paper briefly summarizes the original intention of due process and the research on the system of justification in due process at home and abroad,and on this basis,puts forward some suggestions for this paper In the process of administrative law enforcement,on the basis of reshaping the connotation of justification with the concept of due process,this paper studies the justification system by integrating legal dialectical thinking.The first chapter explores the general theory of justification system.The balance of "reason" in the system of explanation of reason plays a key role in the relationship between formal legitimacy and substantive legitimacy.The independent value of the system of explanation of reason lies in that it is also the product of the combination of formal legitimacy and substantive rationality.As for the requirement of giving reasons,it is a question of formal legitimacy whether the reasons are given or not,while it is a question of substantial rationality whether the reasons are reasonable or not.In the construction of China under the rule of law,explaining the reasons not only enhances the legitimacy of legal decisions,but also strengthens the acceptability of legal decisions,and promotes the construction of government under the rule of law.The second chapter analyzes the current situation of the justification system in the construction of Chinese government under the rule of law.Mainly from the dimension of legal norms and the operation of the government under the rule of law on the system of reasons and its application in the process of administrative law enforcement,mainly including in the administrative decision-making,administrative punishment,administrative reconsideration and administrative adjudication,its effect in the specific law enforcement practice,on this basis,summed up the reasons in the dimension of legal norms and the operation of the government under the rule of law There are three problems in the degree: the fragmentation of legislative provisions,the fuzziness of reasoning mode,and the diversification of reasoning defects.The third chapter puts forward the improvement path of the explanation system in the construction of the rule of law government.According to the above discussion on the concept of justification and the analysis of the current situation of the justification system in the construction of China's Government under the rule of law,in view of the problems summarized,this paper puts forward some suggestions on the above problems from the following four aspects: strengthening the administrative procedure legislation,building a standardized reasoning mode,improving the accountability system and improving the judicial relief system.