Administrative Action Research, System Of Reason

With the constant development of the research of administrative procedure law, the reason-giving system of administrative execution has attracted wide attention. As the important content of administrative procedure law and essence of administrative law, this system embodies the level of law-based administration and legal construction of a country, and it has become the fundamental principle and system which has been generally recognized by many states with adequate legal system. Each country's administrative procedure law has regulation about it. In practice, the reason-giving system of administrative execution is beneficial to controlling the executive power; advancing law-based administration and service administration, making it work well, enhancing the acceptable degree of administrative action and administrative efficiency, ensuring the lawful right of opposite person to the administration.This article has three parts. The first part introduces the concept and feature of the reason-giving system of administrative procedure in the first place, distinguishing it from evidential hearing and informative system. Then it points out three theoretical bases of the reason-giving system of administrative action. They are valid law procedure theory, responsible government theory and administrative openness theory, explained systematically in this part. At the end of this part, it analyses the function of this system in practical use. The second part mainly starts with regulations of our country's current law on the reason-giving system of administrative action, pointing out the current defects of the system. First, the current legislation doesn't regulate clearly which kind of administrative action needs reason-giving; Second, the regulation of the of the of our country's current law on the reason-giving system of administrative action is imperfect; Third, the current law doesn't have clear time and method regulation towards reason-giving in administrative action; The last one is that our country doesn't have specific legislation to investigate and affix the responsibility of the administrative subject who doesn't give the reason according to the law. The third part is the perfection of our country's reason-giving system in administrative procedure, which expands the range of the system, contains the content of the system, makes the time and methods of the system specific, strengthens the legal remedies to the flaw of the reason-giving in administrative action.