The Theory Of Administrative Commitment To The Illegal Problem

With the economic and social development, administrative task becomes complicated and varied.At this point, the administrative organ makes full use of discretion in administrative means innovation given by the legislators, administrative commitment arises at the historic moment.The generated background means that administrative organs commitment are two: the purpose of the use of administrative one is through the use of the means to accomplish complex variety of administrative tasks, 2 it is through the use of the means to improve administrative efficiency and improve the image.Of course, the realization of the above purpose requires administrative authority to make legal and reasonable administrative commitment.However, administrative organs in the process of using the administrative promises and administrative tasks are often made illegal administrative commitment.When the illegal administrative commitment problem happens, not only for administrative organs to achieve the purpose of the use of administrative commitment, and will cause negative impact.Specifically:Administrative promise and law in the event of an administrative organ will meet its become a difficult problem.In the practice of the administrative organ or is only due to illegal has refused to meet its commitment, solely to protect the interests of the other party or to deliver it.Regardless of what kind of choice, the administrative organ to make its only based on single factor concerns illegal commitment to decide the final fate of or damage to the authority of the rule of law, or harm the interests of the other party.Because of this, we must pay close attention to in the practice of administrative commitment of illegal problems, both to find solutions to properly handle, and found the root of the problem occurred after the targeted design a mechanism that is completely avoid problems and ensure that the administrative commitment is legal and reasonable to make to play the role of it shall be brought into play.For the former, because even though it is illegal to administrative commitment may also become a source of reliance interest generated, so the administrative organ should first determine whether illegal administrative commitment caused by reliance interest.If not, the administrative organ should be based on the principle of administration according to law in a timely manner to cancel the illegal administrative commitment.If so, the administrative organ should be on the principle of administration according to law and the principle of reliance interest protection of interests between measure, so as to make a final decision.In the latter case, the lack of universal norms, the administrative organ decide administrative pledged to use "is present the generating mechanism of administrative commitment.The biggest drawback is that the mechanism can’t restrain arbitrary abuse of administrative commitment by administrative organs, and can’t guide the administrative authority to make legal and reasonable administrative commitment.Therefore, this mechanism become the source of illegal problem occurred in the practice of administrative commitment.As a result, should be based on the mechanism under the rule of law of refactoring to completely avoid the problem happen again.Considering the administrative commitment is the product of administrative organs in order to improve the administrative efficiency, we reconstruct the rule of law in the mechanism of administrative commitment, on the one hand, the purpose is to ensure that the administrative commitment to legal and reasonable, avoid the illegal administrative commitment problem from happening again.On the other hand to retain the administrative commitment by an administrative organ is the purpose of the flexible use of features, allowing the use of administrative commitment to accord with the requirement of modern administrative efficiency.The goal above considerations determine "with universal rules, establish administrative organs exercise administrative commitment as mandatory comply with administrative procedure" become our chosen to reconstruct administration is committed to the path generating mechanism.Because only administrative arbitrary administrative procedures to constraints on the basis of ensuring maximum administrative flexibility, only the universality of the rules to make administrative authority to enforce compliance.Under this path, in terms of rules of output main body, so long as has the right to universal rules of authority can be output the procedural rules of main body, only when administrative organs through formulate normative documents for its own use commitment to establish rules, because rely too much on the administrative self-restraint, so not as rules of main output.In output content of regulation, the generation process, the generation process of public participation, public generation process expert argumentation, generated after registration mechanism by universal rules must be clear.