| 英文摘要 |
In order to ensure the integration of the normative system of administrative reporting and solve the implementation problems caused by the ambiguity of rights, it is necessary to establish the constitutional basis of administrative reporting through legal interpretation. Among the many debates on the constitutional basis of administrative reporting, the mainstream view is to interpret the “citizen´s right of supervision” in Article 41 of the constitution as the source of power. However, because administrative reporting does not have the basic meaning of error correction and the core function of power restriction, and seeing that as a super vision right will devinte from the functional orientation of the constitutional rights, it is debatable to deduce from this clause. The essence of administrative reporting is an information regulation tool under the background of publicprivate cooperation. Its role is to provide information of illegal acts and democratic resources for the relatively closed administrative bureaucracy. According to the deduction of basic theories such as peoples sovereignty and freedom of expression, Article 2 “participation in management”, Article 27 “state organs listen to opinions” and Article 35 “freedom of speech”of the Constitution can be interpreted as a regulation group of administrative reporting based on the constitution, so as to build a participatory order in which informants and administrative organs are governed by the constitution. |
