Study On System Of Administrative Commitment

With the continuous improvement of the degree of civilization of China’s social system and continuously push forward the process of the rule of law, the administration has become increasingly civilization, according to the law. Guidelines based on building a strong government under the rule of law and the concept of service-oriented government in the field of administrative law-based administration and innovation mode and method of administration of the important issues we must. Traditional command-administrative methods, has been unable to meet the current requirements of the times. Administrative relative status as increasingly improved, the administrative organs services role more were also more face up. Increasing equality of status, administrative work, in order to achieve administrative purposes, must exercise their functions and powers within the statutory terms of reference, not the administrative organs and ultra vires by managers engaged in an activity in order to achieve the objectives of the administration, the implementation of a kinds of behavior, or the managers burden some kind of legal outside obligations. Therefore, equality, openness, service features in order to achieve the objectives of the administration, administrative promised acts, came into being, and applied in practice for many administrative organs. Administrative body by setting and implementation of administrative promised, highlights the administrative-oriented and value-oriented, the administrative relative person under the boot, make positive behavior of the executive management objectives. Administrative promise, not only can improve the efficiency of government administration, but also to promote the integration of administrative resources configuration, administrators and managers interact, the positive effects of public and private interest of a win-win. Administrative promise is a kind of administrative relative person to arouse the enthusiasm of the imposition of administrative behavior, but because of its in our practice time is short, so there are also the lack of legislation, the imperfect system and so on questions. The system of administrative promise is discussed and studied, for the development of administrative law in China and the rich theory will play a very active role, for our country’s judicial practice also will play a role that can not be ignored. This article through the four chapter discusses about step by step in our country’s administrative promise system construction related problems.The first chapter, the administrative promise overview. In the first part of the article, the author through the carding domestic and foreign related administrative concept meaning to many views, this paper sums up the main features of the administrative promise behavior. And on this basis, in order to further mining administrative promise connotation, this paper, according to the nature of the administrative promise, classification and administrative reward, administrative contract, administrative guidance and other related administrative act is carried on the discussion and the research, and finally summarizes the concept and nature of administrative promise, and at the same time to define the value of the administrative system, for the subsequent to administrative promise system construction research foundation buried.The second chapter, the practice of administrative promise situation. Through the introduction of a real case in our country, this paper introduces our country administrative promise the concrete practice of the system, and through the analysis of the practice that our administrative promise system and the existing problems in practice: illegal administrative subject to administrative subject to promise, not to promise, the administrative body optional change or revoke promise. Then the cause of the problem in the further analysis, the reasons contributing to these problems were:administrative promise is not perfect, the legislation of administrative promise procedures are not perfect, administrative promise responsibility is not clear. Finally, through the comparative study of common law countries and the mainland legal system country to the practice of administrative system present situation, find out the advantage, to solve the problems in our country’s administrative system to provide the reference.The third chapter, foreign administrative promise system practice and enlightenment. As a new administrative means, the administrative promises to meet the needs of the development of the modern administrative management and to improve administrative efficiency, improve the public service quality and enhance public trust in government has played a positive role, so in the outside many countries also have the application and development of more mature. In this paper, in the third chapter through the comparison study of Anglo-American law system countries and continental law system countries the practice of the administrative promise system present situation, find out its advantages, to solve the problem of system of the administrative promise to provide the reference.The fourth chapter, the system construction of administrative promise. The author in this chapter on the construction of administrative promise the basic principle, procedure, responsibility system and the system of supervision and relief system are discussed and studied. Firstly, the basic principle of administrative promise to clear the principle of administration according to law, the principle of justice, the principle of protection of reliability and efficiency principle, guiding role which has a full range of administrative commitment system. Secondly, clear administrative promise responsibility system, analyzes the administrative promise liability, form of liability and disclaimer. Thirdly, through the analysis and design of administrative promise procedure system, administrative promise implementation set up procedures for administrative promise and the proposed draft, administrative promise review, administrative promise to inform, the administrative relative person’s promise, the administrative subject delivered five steps. Then, discusses the supervision system of administrative promise, via the examination and supervision to ensure the administrative promise by system is reasonable, lawful, and through the supervision of the public and the news supervision of public opinion to intensify the supervision scope and intensity of administrative commitment system, combination of several methods in order to better promote the development of administrative commitment system. Finally discusses the relief system of administrative promise. No remedy system is not a complete system, this paper analyzes the characteristics of administrative reconsideration:it not only has the advantages of convenient examination, at the same time as the investigation personnel is administrative personnel, so it has more experience in administration, the reasonableness of administrative promise will be more accurate. On the other hand, it also expounds the administrative commitment system of judicial relief, analysis of the review, review the content object, judgment basis, the burden of proof etc.. Around the relief of administrative promise is discussed and analyzed, and strive to build a set of administrative litigation, administrative reconsideration as complete relief system. The establishment of administrative commitment system is to enable it to meet the idea of administration according to law, and the use of administrative power to make effective regulation, to prevent the abuse of administrative power, protecting the administrative relative person’s rights and interests, improve administrative efficiency, promote social development objective. In order to administrative promise into the orbit of the rule of law, building up a set of perfect administrative commitment system.