Legal Research On Specific Administrative Commitments

With the change of modern administrative concepts,the government's functions have evolved from the initial control to the present-day services.China is also determined to build a service-oriented government.From February 2004,Premier Wen Jiabao first proposed the "service-oriented government" to the reports of the 19 th National Congress of the Communist Party of China to "build a service-oriented government that the people are satisfied with." The administrative commitment has undoubtedly adapted to the requirements of serving the government.It has the advantages of guaranteeing citizen participation,improving service quality,improving administrative efficiency,and shaping a good government.The administrative commitment of modern China in the true sense comes from the social service commitment system of Yantai City,Shandong Province.However,in recent years,the application areas of administrative commitments have been expanding,the content has been gradually enriched,and the forms have been gradually standardized.Even in the taxation departments and public security departments with strong public powers,administrative commitments have been implemented.The importance of administrative commitment in administrative practice has become increasingly prominent,but in theory,scholars' research on administrative commitment has emerged.At present,it still stays in the analysis and clarification of the basic concepts.There are still many problems to be solved in the judicial relief level of the nature and effectiveness of administrative commitments and how to protect the legitimate rights and interests of administrative counterparts.In-depth theoretical research and discussion are needed.In practice,the judicial organs are unclear about the nature and effectiveness of administrative commitments.It is often easy to confuse administrative commitments with administrative contracts,civil contracts,and civil commitments,resulting in flaws in the judicial protection of administrative counterparts and interested parties.In theory,administrative commitments can be further specifically divided into specific administrative commitments and abstract administrative commitments.The main difference between the two is that the subject of the administrative commitment made by the administrative subject is specific or not specific but the result belongs to a specific relative person,that is,a specific administrative commitment of "direct type",and one type is "Transformation" specific administrative commitment.The abstract administrative commitment is limited to the non-specific relatives when the administrative commitment is made.The result is not specifically attributed to the4 specific relative person.It is a legal norm and can be applied repeatedly.The article focuses on specific administrative commitments.First,define the concept of a specific administrative commitment,which is within the scope of the statutory powers of the administrative body,for the purpose of achieving a specific purpose,for the specific or unspecified person,in the case of satisfying a certain fact state or certain conditions,or not Administrative means of conduct.Later,it reveals that the specific administrative commitment has six characteristics: subject specificity,public welfare,benefit,self-setting obligation unilaterality,mode non-mandatory,and expression form diversity.Then clarify the scope of specific administrative commitments,and distinguish them from civil commitments,administrative contracts,and administrative incentives,and strictly define the boundaries of administrative commitments.And in the nature analysis department,the specific administrative commitment is the positioning of specific administrative actions,and deepen the understanding of the connotation of specific administrative commitments.Secondly,it discusses the conditions for the establishment of specific administrative commitments,the effective and invalid,the connotation and content of effectiveness,legal and illegal,invalid,revocation,change,etc.,and provides theoretical support for the judicial relief of specific administrative commitments.The specific administrative commitment is a specific administrative act.Its establishment conditions should satisfy the four elements of specific administrative behavior: the existence of administrative power,the practical application of administrative power,the existence of legal effects,and the existence of expressing behavior.The establishment of a specific administrative commitment indicates that the facts of the promised behavior exist,and the entry into force is a continuation of the establishment.When there is no invalid objective situation,the specific administrative commitment after the entry into force has the effectiveness of determination,certainty,restraint and execution..The specific administrative commitments need to meet the substantive requirements and formal requirements.The specific administrative commitments will lead to the invalidation of specific administrative commitments and specific administrative commitments that need to be revoked.This part mainly clarifies the invalidity of specific administrative commitments and legal responsibilities,expounds the circumstances and judgment methods of specific administrative commitments,and determines the changes of specific administrative commitments,so as to achieve the purpose of accurately defining the effectiveness of specific administrative commitments.Finally,the judicial review criteria are designed for specific administrative commitments from four aspects: litigation request,review principle,review matters,and referee type,to ensure that the administrative counterpart can obtain corresponding judicial remedies and protect their legitimate rights and interests.Administrative commitment is different from mandatory administrative actions such as administrative compulsory and administrative punishment.It conforms to theconcept of modern public administration paradigm.The study of specific administrative commitments will help enrich the administrative mode of administrative subjects and promote the process of integration of the rule of law,government and society.