The Function Of Giving Reasons For Administrative Act-From Response Review To Social Interaction

For a long time,the academic circle has focused on drawing lessons from foreign theories and systems to conceive the system design of China,but few systematic reflection have been made on the internal structure of giving reasons.This paper attempts to explore the nature of the reason from the perspective of judicial review,find out its internal framework,summarize the scope of application and review mode,and reflect on the function of giving reasons for administrative act.Through the study of group cases,it is found that the main contributions of current judicial decisions are as follows: first,although the provisions of the existing norms on the obligation of giving reasons are relatively scattered and incomplete,the court has expanded the scope of application of the obligation of giving reasons through legal interpretation or the application of due process principles.In the fields of favorable treatment,unfavorable treatment and government information disclosure response,the obligation of giving reasons has wide application space;Secondly,the judgment of the Supreme People’s court establishes the review mode of examining the substantive legality of administrative acts by the obligation of giving reasons,which requires that the administrative subject should prove the legality of his act by explaining the reasons when making a decision,so that the court can have a definite legal review object.At the same time,through the summary of the content of group cases,the reasons required in judicial judgment include three aspects: legal basis,factual basis and procedure selection.After the examination mode is determined,this paper starts with the function of giving reasons,and explores giving reasons as the order element and legitimacy demonstration element of administrative act.On the one hand,giving reasons for administrative act aims to establish an order of administrative activities and prevent arbitrary administrative power,which is a procedural obligation;on the other hand,in the face of review,administrative act needs to have a certain form of reason to complete its legitimacy.Therefore,this paper holds that giving reasons is a testing tool of judicial review.In the process of review,we need to distinguish the procedural and substantive defects,and make different judgments.The substantive issues such as legal basis and factual basis associated with giving reasons are the influencing factors of the substantive legitimacy of administrative act.However,the procedural defects of giving reasons are the influencing factors of procedural legitimacy.The extensive scope of application of the obligation of giving reasons reflects that the function of the system of giving reasons is not limited to the tool of judicial review.The complexity and expansibility of administrative activities bring new regulatory fields,specific types of administrative activities have different purposes.Besides the scope of the statutory obligation of giving reasons,abstract administrative acts and other specific administrative acts do not exclude the obligation of giving reasons.In the modern society,increasingly complex governance mode and the entangled conflicts of interests of all parties all exist,administrative activities need to construct a social interaction platform by giving reasons,conduct extensive communication and interaction,guide the public to participate in cooperative governance,and finally form a social consensus.This duty of giving reasons is not necessarily a legal duty,but a carrier of legitimacy,purposiveness and legitimacy in administrative activities,which goes beyond its system function and has the function of social interaction.The limitation of the duty of giving reasons is restricted by the value choice of efficiency and justice.In the existing judgment,the correction of the defects of form and the exemption of the consequences of the defects of "no actual effect" exist in the legal consequences of the defects of giving reasons,which is insufficient for the requirements of reasons as procedural order.However,the exploration of local procedural rules reflects the trend of increasing requirement of justification,which requires the universal application of the obligation in principle.In addition to the pursuit of efficiency,modern public law governance must respond to social demands for justice and integrate the system of giving reasons into the whole public law system.