Administrative Behavior To Explain Reason Research

The system , which showed reason in administrative action, is the spirit of administrative law, and the basic principle and system of administrative procedure law. The essence of this system is giving respect of knowing right to the administrative action formidable sponsor and declares the law. It establishes a procedural item "the duty of reason showed" and performs to safeguard for the administrative main body. This article discussed the legal value of the reason showed by administrative action system, analyzed the law background and theory basic, proposed the essential factor which constructed the system, and indicated the legal relief channel for administrative relative person when the administrative main body violate the duty of reason showed by administrative action.This article is composed of four parts besides the introduction:Part I. Outline of the reason showed by administrative action system. Firstly, it proposed the definition of the administrative action and administrative procedure, drew out the legal status of the reason showed by administrative action system. Secondly, it elaborated the concept, characteristic and the legal value of the system.Part II. The law background and the theory basic of the system. It discussed the system's development process, elaborate its law background, rationality and inevitability. And analyzed the theory basic from liberalism and responsible government, administration in public, the citizen participates, the administrative relief, free jurisdiction's correctly use and so on five aspects.Part III. Construction of the system. With the comparative analysis method, the article elaborated the essential factor to construct the system.Part IV. The law relief of the system. It proposed the concept that the system have some defect, and discussed the legal liability when the administrative main body violate the duty and the legal effect of administrative action under the defect. It discussed the relief channel and the legal safeguard when administrative opposite part's knowing right was violated.