The Judicial Relief Of Administrative Commitment

With the deepening reform of China's administrative management concept and system,the theory of administrative law has changed from the traditional "conveyor belt model" to the modern administrative law,and the government has changed from the power government to the service government.Administrative commitment is a beneficial exploration for administrative organs to innovate management mode in the field of administrative law enforcement.As a new management mode in the field of administrative law enforcement,administrative commitment is highly efficient,convenient,efficient and open,which simplifies the administrative procedures,improves the administrative efficiency,enhances the sense of service,and reduces the burden of administrative counterparts,and is widely welcomed.Administrative commitment in the process of operation,however,also produced many illegal commitment,without practice illegal behavior,together with the lack of related laws and regulations and the third party is the effective supervision of power,makes the judicial relief system of administrative commitment is particularly important,therefore,the study of judicial relief system of administrative commitment,it is imperative to solve the problems in the process of administrative commitment to the judicial relief.With the wide application of administrative commitment system,the research on the judicial relief of administrative commitment is the most challenging task of administrative commitment system.In this paper,on the one hand,starting from the basic theory of administrative commitment to the judicial relief,clear administrative promise that,in the analysis and research of many scholars point of view,and a large number of judicial cases in the practice on the basis of a clear concept of administrative commitment,nature,classification and basic concepts such as validity to clarify confusion,the definition of the administrative commitment argument theory significance and the practical significance of administrative commitment to the judicial relief;,on the other hand,this article from the reality situation of administrative commitment to the judicial relief,collected in practice from 2004 to 2018,China's network and the supreme people's court written judgment of the typical case,the interpretation of the written judgment of each case and relief path,clear at present,the administrative commitment to the judicial relief the main three ways,namely,administrative litigation and administrative compensation and administrative compensation.The problems encountered in the process of judicial relief are found,such as different identification of administrative commitment,mixed application of law,small relief and difficult implementation.From three aspects of legislation,judicature and administration,this paper analyzes the three reasons for the problems:lack of high-level legislation on administrative commitment,lack of judicial interpretation and guidance cases,abuse of discretion on administrative commitment and failure to timely review relevant documents.Finally,aiming at the problems in the process of judicial remedy for administrative commitment and the crux behind them,this paper puts forward several Suggestions for improving judicial remedy for administrative commitment with pertinence,feasibility and universality:improving relevant legislation of administrative commitment to determine the basis of trial;Promulgating judicial interpretation and guiding cases to guide judicial practice;It clarifies the special review mode of administrative commitment--the two-stage review mode of administrative commitment,and treats the administrative commitment itself and the performance of administrative commitment differently in judicial remedy.Establish the judicial supervision mode of administrative commitment:on one hand,supervise the enforcement of administrative commitment;on the other hand,supervise and solve the problem of difficult implementation in the judicial remedy of administrative commitment;As well as the establishment of administrative commitment review mediation mechanism:while maintaining the traditional way of relief,the establishment of administrative commitment review mediation mechanism,innovative solution of administrative commitment disputes,improve the efficiency of judicial relief,reduce the cost of judicial relief,Balancing the right and power relationship between the administrative relative and the administrative subject,and protecting the legal rights and interests of the administrative relative to the maximum extent on the basis of maintaining the state operation.