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行政行为必须说明理由,该条原则已经为国际所公认,成为现代法治国家普遍承认的一项原则。随着我国法制建设的不断发展,我国的行政法制建设也取得很大的进展,我国的行政说明理由制度亦取得一定的成就。但就说明理由制度的现状而言,仍存在诸多不足:如法律规定不统一,行政执法中说明理由程序未得到充分展现,以及说明理由还存在某些制度性缺陷,说明理由制度的现状并不乐观,在许多地方,用走入困境来形容并不为过,也并非危言耸听。我国的说明理由制度现状令人堪忧。然而法律规定不统一,追责机制不健全,行政程序说明理由制度永远摆脱不了困境。
The administrative act must state the reasons. This principle has been recognized by the international community and has become a generally accepted principle in the modern rule of law. With the continuous development of the legal system in our country, great progress has been made in the construction of administrative legal system in our country, and the system of administrative justification in our country has also made some achievements. However, as far as the status quo of the justification system is concerned, there are still many deficiencies. For instance, if the legal provisions are not uniform, the justification procedures in the administrative law enforcement are not fully demonstrated, and some institutional defects exist in the justification of the justification, indicating that the status quo of the justification system is not Optimism is not an exaggeration to describe difficulties in many places and it is not alarmist. The status quo of our country’s justification system is worrying. However, the laws and regulations are not uniform, and the mechanism of responsibility recovery is not perfect. The system of justification of administrative procedures can never escape the dilemma.