Research On The Legal Responsibility Of Administrative Agencies Who Against The Administrative Commitment

There will be many disputes in the process of implementing administrative commitment in administrative organs.By collecting cases,it can be found that administrative organs violating administrative commitments occur frequently,with contradictions mainly focused on investment promotion.The administrative organ's violation of the administrative commitment will bring the following three adverse consequences.First,it has a negative impact on the administrative organs.It leads to the lack of government credit and image damage,which causes the impression of dishonest government to the public,and produces corruption problems.The private use of public power leads to intensified conflict between officials and citizens,which is not conducive to the construction of efficient government.Two is the adverse effect on the administrative relative.When the administrative body found improper commitments estoppel does not deliver,not only caused direct benefits relative to the damage,and also make the administrative relative person of the administrative commitment behavior based on credibility,based on the life and work has made some arrangements,the loss of reliance interest,increasing people contradiction of government,reduce government credit.Three,it has an adverse effect on the public,interferes with normal social competition,damages social equity and justice,and greatly hurts social capital to invest in social affairs.The violation of administrative commitment by administrative agencies is the result of multiple factors,including historical factors,sound system,administrative commitment system and lack of stability in economic transition period.Due to the lack of research on the legal responsibilities of administrative agencies violating administrative commitments,the author believes that we should further understand the legal responsibilities and ways of administrative agencies violating administrative commitments based on the understanding of the concept of administrative commitment.In violation of administrative commitments,the administrative organs mainly undertake five kinds of legal responsibilities: invalidation,revocation,confirmation of the law,the order of continuing to perform and compensation.Therefore,the author puts forward the following suggestions according to the existing problems of administrative commitment inadministrative organs at present,and makes clear the ways of investigating legal responsibilities,so as to improve the existing administrative organs' violation of administrative commitments.First,we should investigate the legal responsibilities of administrative organs violating administrative commitments through litigation procedures,examine the legality of administrative commitment,and make proper examination of the contents of administrative commitment,whether there is any case of refusal to perform or perform defects.Two,we recommend the pilot reform of administrative reconsideration,and draw experts and scholars to set up members of the administrative reconsideration committee.The three is to investigate the legal responsibility through administrative compensation and administrative compensation.The four is to establish the system of personal responsibility for civil servants.Five,administrative commitment and administrative commitment should be included in the scope of application of arbitration law through administrative arbitration and the no litigation way of administrative adjudication,so as to make the administrative organ bear legal liability.These five measures play a regulatory role in the violation of administrative commitment by administrative organs,so as to ensure that the administrative commitment is fair and prudent,giving full play to its functions in social management and service.