Research On The System Of Giving Reasons For The Administrative Discretion

The system of administrative discretion explanation is both a "new topic" and an "old topic".As an effective way to restrict and regulate administrative discretion,the new one is gradually favored by the academic circle and law enforcement practice.The old one,as an important administrative procedure system,was established in Germany before the Second World War and is still in use today.In Our country,although the reason system has been established,there are still many problems.Based on improve the system of administrative discretion reasons,this paper analyses reasons of administrative discretion system of laws and regulations and normative documents,law enforcement cases,judicial documents,in combination with law enforcement practice,analyze the reasons of administrative discretion system existing problems and reasons,put forward the concrete measures of perfecting,such as clear and detailed reasons,the content of the construction process of "two points",namely the process of administrative discretion behavior reasons points and explain the reasons review the main points of the process,finally summarizes the full text,and put forward revised legislation practice for individual legal advice.The system of explaining reasons for administrative discretion should be brought into play to restrict and standardize administrative discretion and safeguard the legitimate rights and interests of administrative counterparts and interested parties.In addition to the introduction,this paper mainly consists of five parts: the overview of the administrative discretion justification system,the research on the current situation of the administrative discretion justification system,the analysis of the main problems and causes existing in the administrative discretion justification system,and the improvement and conclusion of the administrative discretion justification system.Introduction part first from the research background,the research both at home and abroad,introduced the domestic administrative discretion reasons and explain the reasons of theoretical research,expounds reasons system of administrative discretion and oriented function in the future,combing reasons of foreign research and legislation of administrative discretion,for improve the system of administrative discretion reasons outside knowledge.Further reveal the research method and significance of this paper.The first part is the overview of the system of administrative discretion reasons,first of all,from the perspective of the meaning of the system of administrative discretion reasons,the definition of administrative discretion reasons system and explain the reasons system,system of administrative procedure reasons,administrative action system of reasons such as the concept of distinction and connection,to clarify the reasons system and inform the system of administrative discretion,general reasons things out the difference between education and contact.Secondly,it expounds the theoretical basis of administrative discretion justification system,and reveals the supporting role of civil rights protection theory,administration by law and government by law,due process principle,administrative openness principle and other theories on administrative discretion justification system.Thirdly,it briefly introduces the development and theoretical research overview of administrative discretion explanation system in China,and from the historical context,sorts out the development overview of administrative discretion and reasons in China.The second part is the analysis of the current situation of the administrative discretion justification system.Starting from the current situation of legislation,law enforcement and administrative litigation review,it firstly analyzes the current legislative situation of the administrative discretion justification system in China.Secondly,starting with normative documents,law enforcement documents and cases of administrative discretion,this paper analyzes the current law enforcement status of the system of explaining reasons for administrative discretion.Again,from the perspective of the administrative litigation judicial documents,analyze the reasons of administrative discretion system of administrative review status quo.The third part is the main problems and causes analysis of the administrative discretion justification system,from the status quo to sort out the main problems of the current administrative discretion justification system,and analyze the root causes according to the existing problems,to lay a good foundation for improving the administrative discretion justification system.The fourth part is the perfection of the administrative discretion explanation system.Stick to the status quo analysis of the problem of induction,clear and detailed content of the system of administrative discretion reasons,perfect the administrative discretion and explain the reasons of the object,process,process of construction of administrative discretion reasons things out the key link,package requirements,improve the defects of perfecting the administrative proceedings in the court to explain the reasons of administrative discretion review requirement,use "reasons in process audit" way of review,make a decision on administrative discretion in the administrative organ that discretion in the process of the content of the reason,process and key points of the corrections flaws such as the validity and legitimacy.The key points of the administrative discretion explanation system should be firmly grasped and the administrative discretion explanation system should be improved.The fifth part is the conclusion,which summarizes the whole text and points out that to improve the administrative discretion explanation system,legislation is the primary basis,standardization of law enforcement is the key link,and strengthening of administrative litigation review is a strong guarantee of the basic conclusion.Based on the conclusion that legislation is the primary basis,this paper analyzes the necessity and feasibility of amending some basic administrative laws,and puts forward some suggestions on amending some basic administrative laws,such as administrative Punishment Law and Administrative Permission Law.