Research On Giving Reasons For Administrative Acts

In modern administration,giving reasons plays an increasingly important role.As an obligation to exercise the power of administrative subjects,it has gradually been widely accepted and recognized in China,and even become an important part of the construction of a rule of law government.Nevertheless,there are many shortcomings and problems in the justification of administrative acts,both at the normative and implementation levels.Further analysis and research on these shortcomings and issues is still necessary.On the basis of reviewing existing research,this article defines the basic connotation and scope of application of reasons for giving administrative acts.On this basis,based on the theory of administrative process and from the perspective of acceptability,the goal of giving the reasons for administrative acts is discussed.At present,at the level of norms,our country lacks a unified administrative procedure code,the provisions of administrative behavior explanation of reasons are scattered in some single laws,and the provisions are more general and rough.Although various government regulations have further explored the reasons for regulating administrative acts,they inevitably have local limitations and cannot provide a unified and authoritative basis for giving reasons for administrative acts.In law enforcement practice,the current situation of giving reasons is not ideal.The main problems include:missing reasons,insufficient reasons,and inappropriate reasons.And analyze its causes from three levels:legislation,law enforcement,and judiciary.Giving the reason itself also has costs,and whether,how,and to what extent the reason should consider the balance between achieving acceptable objectives and administrative costs.Different types of administrative acts should also be treated differently in explaining their reasons.This article analyzes and discusses key variables such as discretion space,professionalism,interest impact,and social sensitivity,and categorizes the reasons for explaining administrative acts based on these variables or combinations of variables.Try to better deal with the above related issues through the typed construction of reasons,and effectively realize the balance between social value and administrative cost.The standardized path for giving reasons should follow the following logic:Firstly,clarify the requirements for giving reasons,unify the norms for giving reasons,and improve the relevant standards for giving reasons,that is,refine the standards for giving reasons from three aspects:honesty,clarity,and effectiveness.For the issue of the degree of justification,that is,the sufficiency of justification,different types of administrative acts have varying degrees of reasoning burden,and a balance should be sought between constraining the arbitrariness of administrative power and exerting the agency’s initiative.Both the reasoning criteria and the degree should follow the logic of typification for processing.Secondly,according to the principle and logic of reasoning type,improve administrative law enforcement documents and construct administrative law enforcement case guidance system to guide and standardize the reasoning process of different types of administrative behaviors,and supervise administrative agencies to effectively fulfill their obligation to give reasons by improving incentive mechanisms and accountability mechanisms.Finally,the strength of judicial review is matched with the positioning of the function of giving reasons,especially through the introduction of a "process review" approach to play the driving role of judicial review,and to achieve supervision of giving reasons by improving the methods and standards of judicial review.Of course,the judicial review of the reasoning of administrative acts should also follow the type principle and treat different types of reasoning of administrative acts differently.