Study On The System Of Administrative Commitment

Along with the increase of modern administrative affairs and the change of the government role, the administrative body tend to take more flexible ways of administrative action to offer administrative counterpart better quality and convenient services, administrative activity way tend to evolve to a service and cooperation, trust and communication direction. Administration commitment is generated in this background and widely adopted by administrative body. The practice of administrative commitment embodies the administrative organ's adaption to the modern administrative service requirements, help to improve the administrative efficiency, ease tensions between the administrative organ and the counterpart, prompt the counterpart actively to participate in administrative affairs, thus form harmonious and cooperative interaction. It is significant for constructing responsible and credit government. However, as a new administrative activity way, administrative commitment in theory and practice are still exist many problems. First, in theory research it is still in start level, it is lack of systematic and comprehensive research on administration commitment theory. The views on the nature of administrative commitment, the theoretical basis, the regulations pattern and other basic problem are vary, and they not yet reach common understanding. Secondly, in the practice the administrative subject optional abuse promises, don't perform the promise and other training-camp practice are not rare. Therefore strengthening the research of administrative commitment, summarizing and analyzing the problems existing in administrative commitment can benign development this system and protect the rights and interests of the counterpart. And also have important theoretical and practical significance for government transformation and building a responsible government, service-oriented government. This paper is divided into five parts, main contents are as follows.The first part is for the definition of administrative commitment. Firstly, starting from a series of cases and also comparing doctrinal definition of administrative commitment to legal discriminate, the author redefined the meanings of administrative commitment. Secondly, analysis and determination the nature of the administrative commitment: a kind of administrative activity way. Thirdly, the characteristics of administrative commitment were summarized. Lastly, the author compared administrative commitment and other similar administrative behavior, mainly analyzed the differences between them.In the second part the author introduced the practice background of administrative commitment and the theoretical basis. First examined the administrative commitment system in western countries, mainly introduced the situation in Britain, the United States, Germany and France. Secondly, the author introduced the origination and theoretical basis of Chinese administrative commitment system.The third part is the study of administrative commitment's existing problems in practice, Such as the form, content and procedures of administrative commitment are not perfect, the performing of administrative commitment is difficult and the relief strength of it is small. Deep analysis the reason of the problem: the insufficient legal basis, the weak service concept of administrative subject, the supervision and remedy mechanism of the administrative commitment is not sound.The fourth part is about the legal thinking of the Chinese administrative commitment system construction. Mainly includes three aspects: the basic principles of the administrative commitment (legitimacy principle, rationality principle, administrative openness, equal treatment principle and trust protection principle), The procedure of administrative commitment ( presenting, publishing, responding and performing) and the supervision and relief measures of administrative commitment.