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On Reason-Giving in Procedure of Administrative Penalty of Industry and Commerce Administration

Author: ChenYan
Tutor: YeBiFeng
School: Shanghai Jiaotong University
Course: Constitutional and Administrative Law
Keywords: industry and commerce administration administrative penalty procedure reason-giving
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 44
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Abstract


This thesis is based on the example of administrative penalty in industry and commerce administration authorities. The analysis is carried out from two perspectives: Rules on Reason-giving in procedure of administrative penalty of industry and commerce administration, Practice activities of Reason-giving in procedure of administrative penalty of industry and commerce administration. This analysis is comprised of the content of Reason-giving, the time and way of Reason-giving, the legal consequence of violating the obligations of Reason-giving. By doing the analysis, we come to the conclusion: 1) There is no clear difference between primary fact and secondary fact. 2) Reason-giving about evidence piling up simply. 3) Reason-giving about the law is short of the explanation of legal principle. 4) Reason-giving about rationality is lacking of free appreciation. 5) Reason-giving is short of process of argumentation and reasoning. 6) Because time is uncertain, it is easy to confuse Reason-giving with the impartation. 7) The way of Reason-giving is unitary. 8) Lacking of the legal consequence of violating the obligations of Reason-giving.Based on the above, the author does make a thorough analysis of the Reason-giving in procedure of administrative penalty of industry and commerce administration view on the analysis of the theory of Reason-giving, The author tends to find corresponding solutions to all those problems as well during the analyzing: 1) lay stress on main fact explanation, 2) strengthen analysis of the evidence, 3) increase legal principle analysis, 4) increase the rationality reason, 5) increase process of reasoning and argumentation, 6) increase the legal consequence of violate the obligations of Reason-giving, 7) With making administrative penalty, Reason-giving is in progress at the same time, 8) On the way of the reason-giving, we Should give first place to written statement, followed by orally information.

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