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中国与日本同属东亚,在法律文化、法治历程等方面都有相似之处。日本在原单行实体法律规范的基础上,制定了《日本行政程序法》,对行政处分行为明确规定了说明理由制度。我国经历了三十多年的改革开放,正处于经济大爆炸、行政权急剧扩张的时代,行政程序法典化的呼声也日益高涨。本文旨在通过对中日行政程序法律规范的比较,为我国完善行政行为说明理由制度提供参考和借鉴。
Both China and Japan belong to East Asia and share similarities in legal culture and the rule of law. On the basis of the former laws and regulations of the single entity, Japan has formulated the Japan Administrative Procedure Law, which clearly stipulates a system of reasons for explaining administrative sanctions. After more than 30 years of reform and opening up, our country is in an era of a big economic explosion and a drastic expansion of administrative power. The call for codification of administrative procedures is also on the rise. The purpose of this paper is to provide a reference and reference for our country to perfect the justification system of administrative action by comparing the legal norms of the administrative procedure in China and Japan.