On Administrative Promise

The loose innovation in western countries and the unable chooses that have been canceled in socialistic countries opened out objectively passivism and limitations that are embodied in the compelling administrative acts. As the unceasing development of our open innovation and the perfection of market economy, the administrative tasks are more and more formidable and complicated. Hence the traditional administrative acts can not adapt to the economic development and advanced civilization. The survival and development of the human being earn widespread respect in modern society. Because the opposite persons for Administration gradually become the equal bodies, this demands that the subject of administration consider the wills of the opposite persons, weaken mandatory of the administrative acts and boost up the democracy softness service and transparency. Because the administrative promises have equality coordination and services, and they get justice and are be used in the practice by administration.As the public service was gradually confirmed, the functions of the modern government afford more excellent frequent and advantageous services. Simultaneity the way of administrative acts would be innovated. So it is inevitable that the soft ways of administrative acts replace the forced ones. The administrative promises adapt to the needs of economic restructuring. They are a new way of administrative acts and different from others, such as the administrative guidance administrative contracts and administrative remedies. The administrative promises are connected with many benefits, so the fundamental principles must be abided during the administration, especially the dependence principle. The stakeholders must implementation their duties after the administrative promises have be made. The promissory body can not make the mendacious promises. The administrative promises can leave to appeal and the legal remedies are the last safeguards that can be used in the administrative promised go protect the opposite persons for administration.The narrator believes that the administrative promises are the measures that can encourage the opposite persons for administration to be active.The government leads the opposite persons to be active by making and implementing the administrative promises that is good at achieve the administrative goal and promote the e economy development and the social progress. The administrative promises conquer the deficiencies that are reflected when the government intervenes and promote the resources to be used rationally. They are the systems that embody the government and the market is favorable mutually. The discuss and the practice of the administrative promises are good at encouraging the enthusiasm of the opposite persons for administration and building the basement for the better service-oriented government.This article is divided into three parts around the administration promised to introduce the core issuesThe first part is the "executive promise" overview. Promise from the administrative concept, nature, classification and administrative law theory is based on several aspects of the administration promised to be described and defined. In the administration promised scholars from various countries on the content and some domestic scholars viewpoints reference, in which a more detailed analysis based on the concept of executive made a general promise, drawn, "the Chief Executive promised to achieve the appropriate body Executive management objectives in its terms of reference have to use the legal notice, circular, decisions, orders and other writing, or not specific to a particular administrative counterpart unilaterally promised to make the act or omission of the obligation, abstract administrative act. " promise in the classification of administrative described several typical administrative promise, through the elaboration of several administrative promise, promise to let us have some knowledge of administration, but also reflects the administrative functions of the Chief promise as a means of changing the value of. This part also on the executive promised to elaborate on the theoretical basis, the Chief promised is a new way of administrative activities in the law has not been generally established, but the West reinventing government movement and our promise with the development of social services for the administration promised accumulated some experience, laid the foundation for the construction of the system of administration promised to provide a strong reference. The emergence of the administrative promise has its theoretical basis, in line with the value of public administration and administrative changes in the trend. So start with this part of the theoretical support of the Chief promised to start the administration promised to clarify the basis of jurisprudence. The theoretical basis for the later development of the Executive promised to provide a theoretical support.The second part, "the status of the system of administrative promise." This part of the sum, sum up the use of administrative promise in practice problems. Example, an administrative law promises, improper or unauthorized cash promised such revocation or modification, to the Chief of the legitimate rights and interests affect or even damage. First, the analysis described in our administration which promised results, I had promised administrative effectiveness of the system are reflected in what areas, so that not only can improve the effectiveness of administrative efficiency, while also effectively improve the image of the Government in the hearts of the people and credit rating. Analysis of the phenomenon, the concept can be summarized as incorrect, to better use of administrative promise that the sword, we must first establish the correct concept. Lack of appropriate and objective impact of economic transition is also the Chief promised is a stumbling block for practical application, so the analysis of the causes of defective administration promised is also essential. This is divided into the next administration promised to provide the basis for improving the system.The third part, "System of Administrative promised." This part of the main promise that the existing administrative remedies the defects and deficiencies in the proposed administration promised to squeeze in the way of the defects. This section describes the system in our promise to improve the administration should pay attention to. Promised to establish the appropriate administrative supervision system is the first problem to be solved, because a good system, all areas are in need of supervision, so as not to deviate from the track. Promise of improving the administrative system is the top priority of judicial relief, judicial relief is an important means, not only can better safeguard the legitimate interests of the administrative counterpart, but also help to improve the government's public image. This part of the way for other relief are also discussed. For the legitimate interests of the administrative counterpart, after the relief system can not be ignored.