Research On Administrative Promise

With the promotion of the concept of public service, today the government dedicates to transforming to a service-oriented government, in order to better perform its responsibilities, to protect the livelihood of the people and improve people’s livelihood. Administrative promise just adapts to this trendy, which can weaken the compulsion of administrative activities, highlight the concept of serving the people, and greatly improve the administrative flexibility. What’s more, administrative promise could expand participation of the citizen, promote democracy of administration, make up for the shortcomings of legislation, and improve administrative efficiency. Therefore, administrative promise has been very widely used in practice of government administration. However, administrative promise has also been committed in a relatively awkward position, because the regulations and judicial interpretations about it are incomplete. The reason why legislators take so indifferent attitude to administrative promise is that they didn’t found its importance, and from the side, it also reflects of our government has ignored to protect the citizen’s reliance interest. Therefore, to build a credible service-oriented government, we have to think highly of the construction of administrative promise.By systematically studying the definition, generation and significance of administrative promise, analyzing foreign experiences, the paper analysis the troubles administrative promise gets into in China, so as to put forward comprehensive countermeasures. In practice, administrative promise gets into many troubles. First, in China, theory circle did not think highly of administrative promise, so that there is little study on it. There is no complete law for administrative promise. Second, the administrative bodies for the enforcement of administrative promise have serious shortcomings. Governments make illegal promises, break their promises, as well as withdraw or change their promises. Third, now we are lack of effective relief system. No relief means no right. In China, establishing effective relief system for administrative promise is essential to the development of administrative promise.The value of administrative promise is the supervision and restriction on administrative discretion and protection on the legitimate rights of citizens. To perfect our administrative promise could conducive to efficient management of government, social fairness and justice. In order to build administrative promise smoothly in China, law about administrative promise has to be completed as soon as possible, so that people can act follow it. Establish hearings and filing system to regulate administrative promise, in case that government abuses their right. Considering different circumstances regulate administrative promise respectively. There should be a complete set of regulation on administrative promise, so as to establish a sound system of administrative promise.To build a credible, service-oriented government, rigorous and fair administrative promise, with sound system, clear standard, is essential. Administrative promise could help to supervise and control executive discretionary power, protect the legitimate rights of citizens, make executive activities more democratic and efficient, and promote a harmonious society.