Research On The Administrative Commitment

During the process of accelerating the reform and building a service-orientedgovernment, the administrative task has become increasingly difficult, complicated,and rely only on the traditional administrative behavior can not achieve the desiredobjectives. The administrative commitment as a new management approach, is aproduct of the modern legal system and the modern administration of the government.It corresponds to trend of turning the high costly, supervising government toparticipation-oriented, high efficient one. It plays an important role to expand theparticipation of citizens, to promote the administrative democratization, to cover theincomplete legislation, to standardize the administrative law enforcement, and toimprove the administrative efficiency.Nowadays, during the practical application of the process of the administrativecommitment, because the system still needs to be improved, there are somecommitments which are made illegal or violated the rights of administrativecounterpart. It needs to be corrected by all necessary means to carry out thecommitment.Exploring and practicing the administrative commitment, is a very importantissue to enrich the theory of our administrative law. It helps to establish a responsible,honest and trustworthy image of the executive, to protect the legal rights and interestsof administrative counterpart, and to create a harmonious, compassionate society.Therefore, I selected administrative commitment as my Master's Thesis for a simpleanalysis.This paper is divided into four parts to launch on the topic of administrative commitment.The first part is the definition of the administrative commitment. It expounds theadministrative commitment from the concept, nature and classification , as well as thesignificance in the Administrative Law, and also establishes the independent positionof administrative commitment in the administrative activities. This is the fundamentalpart of the other expositions.The second part is the practice background of the administrative commitment andits theoretical basis. Although the administrative commitment is a new type ofadministrative activities, it has been widely used in practice of the administrationabroad. The Reinventing-Government reform from the Western countries as well asthe development of our commitment to social services system, have accumulated acertain amount of experience to provide a reference for building our administrativecommitment system. Moreover, the emergence of the administrative commitment hasits theoretical foundation, which conforms to the public administration values and thetendency of changing the mode of administrative law.Part III is the construction of the administrative commitment system. Theexecutive maybe make commitments ultra vires, do not fulfill commitments, makeflawed and even illegal commitments, and lead to influence or even violation of legalrights of the administrative counterpart. The causes of this phenomenon can besummed up as the concept is not correct, the lack of legislation and economies intransition. It is useful to improve the system of the administrative commitment for thefuture.Part IV represents the relief of the administrative commitment. According to theexisting problems in practice of the administrative commitment, on the one hand, froma macro perspective, there are some other special principles, which should also befollowed, such as principles of administrative efficiency and protection of trust andinterest. To understand the special principle of the administrative commitment couldmake a better comprehension of the essence and basic values of behaviors, and toregulate legal relations of the administrative commitment; On the other hand, from amicro perspective, this part analyzes some procedural steps and requirements during the implementation of administrative commitment, to standardize administrativecommitment activities from the main executive. In relief, the author advocates the useof administrative litigation in a reasonable standard of review, and administrativeactions included in the abstract administrative proceedings in order to improve theadministrative supervision of the administrative commitment, promises to resolve thedispute.