Study On The System Of Administrative Commitment

With the establishment of the ideology of public service, the government is transforming from management-oriented one into service-oriented one. The duty of modern government is more characterized as offering excellent and convenient service to the public and society. Meanwhile, the method of its administrative action is confronting reformation, that is, a trend is towards the replacement of tough administrative action by gentle administrative action. Administrative commitment simply adapts to the tendency of economic diversion and government conversion in our country, which weakens the compulsion and power of administrative activity and strengthens its new concept of democracy and communication. Therefore, it is widely applied and spread in many administrative agencies. Administrative commitment is playing an important part in such many aspects as in improving the service quality of administrative agencies, prompting the administrative participation of private party and forming harmonious and cooperative administrative relationships. However, the research on administrative commitment in the law community of our country has been weak and there has also been no principle to follow in the implementation of administrative commitment. The continuation of this situation does no good to the widespread application of administrative commitment and the protection of the benefit of private party. Therefore, it is very necessary to lay more weight on the research of administrative commitment.This paper starts from analyzing several cases and defines administrative commitment on the basis of the research results on it in western countries. After explaining the specific connotation of administrative commitment, this paper aims to analyze its features, which argues that under different conditions administrative commitment has different features including administrative commitment as administrative action, administrative commitment at different stages and public-displayed administrative commitment. Administrative commitment is a product of the development of our society, which is influenced by economy, rule of law,ideology and culture. Administrative discretional power, principle of promissory estoppel and principle of confidence protecting are the bases of the fulfilhnent of administrative commitment. In addition to following the basic principles of administrative actions, administrative commitment must comply with the principle of capital-benefit and the principle of explicitness. At present, seldom research on the application of administrative commitment has been done, but this research is of great significance to the practice. This paper clarifies the major issues in the application of administrative commitment from the three perspectives of range, subject and procedure. Finally, this paper discusses on the liability and judicial compensation of administrative commitment, which aims to guaranty the lawful rights of private party by confirming the liability of administrative commitment and strengthening the judicial compensation of administrative commitment, and then ensures its fulfillment by administrative agencies.