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Research on the Present Situation and Improvement of Giving Reason for Administrative Act

Author: LiuChunJiang
Tutor: LiWeiHua
School: Shandong University
Course: Legal
Keywords: administrative procedure giving reason administrative act
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 0
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Abstract


In the 21st century, the body consciousness of the citizens on power is stronger day by day. They want to express their intentions directly.For their own interests, they show a strong desire to participate in the administrative act especially. As an important part of the modern administrative procedure law,the birth of the administrative act giving reason system meets the citizens the right to know the truth.It is not only conducive to the realization of civil rights, but also the important symbol of the levels of legal construction.The system of giving reason for administrative act has been defined in the administrative procedure laws of the most developed countries. Although there are something regarding it in our country’s administrative laws and regulations, some scholars also have mentioned this system in the contents of the teaching of the administrative law, in fact,they have different emphases. The author think that many questions on this system should to be studied deeply in theory and practice. On the basis of taking examples from the researches at home and abroad and the experiences of previous administrative legislations and enforcements in China, the author put forward the feasibility of establishing the system and the reference model,and make the necessary analysis.The article has five parts:The preface analyzes the value of this system in the constructions of the country subject to the rule of law.it also establishes the important position on the construction of the administrative procedure in China considering the realities.Chapter one is defines the concept and significance of the system.Firstly,the author briefly analyses the definition of administrative act. And then significane of giving reason for administrative act is discussed.Chapter two is about the historical development and legislative model of the system. Firstly,The author expounds the origin, development background.secondly, the author introduees models of law system abroad.in order to provides the technical and legal information legislation. Chapter three is the unsatisfactory realities and shortcomings of the system, there are many problems should not be ignored.Chapter four is about how to perfect this system in our country.Through the analysis and comparison of the method, analysis of the law of administrative procedure for reference foreign related experience,it discuss the system of giving reason for Administrative act, for reasons of the administrative procedure law provides beneficial references in legislation and practice.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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