On The Administrative Law Enforcement Reasoning

Legal reasoning is the core of legal thinking, and a basic proposition in the field of jurisprudence. According to the general definition of legal reasoning, it is a kind of thinking activity which penetrates in legislation, law enforcement, judicial and legal practice and understanding of the various activities of the cross-sectional legal thinking. However, when most commentators talked about the process of legal reasoning, they often make it equal with judicial reasoning, or although awaring of the extensive existence of legal reasoning as a legal thinking pattern, they believe that apart from the judicial reasoning, there may be the existence of legislative reasoning and the law enforcement reasoning, but special analysis on administrative law enforcement reasoning is not enough. Similarly, in the field of administrative law, there is a lack of discussions on the administrative law enforcement reasoning, a lack of considering it from the perspective of legal reasoning. Discussions on administrative law enforcement are confined to the angle of the executive or administrative organizations, emphasizing the homogeneity of administrative acts, neglecting the diversity of"people", lacking of discussing the problems concerning administrative law enforcement from the perspective of legal thinking pattern of the main body.Based on what mentioned above, the author chooses the administrative law enforcement reasoning as the research object of the thesis, and makes a tentative analysis on it from the angle of the general theories of legal reasoning, learning from the judicial reasoning, the research results of legal thinking, combining the existing theories of administrative acts. First of all, on the basis of the basic principles of legal reasoning, the author clarifies the basic concepts of administrative law enforcement reasoning and illustrates the characteristics of it. Secondly, the author analyzes administrative law enforcement reasoning in detail from the following four aspects: the main body of administrative law enforcement reasoning, preconditions of administrative law enforcement reasoning, methods of administrative law enforcement reasoning and other elements which have influence on administrative law enforcement reasoning. Finally, the author makes a brief discussion on the systematic guarantee of administrative law enforcement reasoning.