Administrative Promise Several Issues Legal Analysis

The traditional administrative law focus on power control, and pay attention to administrative compulsory means to accomplish work. With the transformation of government management, administrative law enforcement changed from the past serious, rigid and condescending traditional management pattern to a more soft, flexible and modern management. Its aim begins to aim at the public, which is also popular among the public. In the process of administrative management, as a way of the mandatory enforcement of administrative commitment, administrative promise reflected the interaction of the administrative subject and the administrative relative person, which changed the past administrative opposite between the administrative subject and administrative relative person. Although the use of administrative commitment helps to enhance the positive image of administrative subject, but objectively, there is no a clear law to classify the concept and character for administrative commitment, and there is no agreed view in the academic school. Based on those facts, the application of administrative commitment leads to a chaos, and produced a series of non-standard problems, including some administrative promise without any rules by administrative subjects, unreasonable reactions of the administrative relative person and no actions from the administrative subjects. At this time, there will be some purpose against administrative commitment, which is bad for the administrative management through non-mandatory administrative behavior by the administrative subject. Thus, the research of administrative promise should be paid great attention to.Through the analysis of the domestic scholar’s research results, I think, although there is no lack of academic study of administrative commitment, the fact is that the administrative commitment is not studied as a really specific and independent legal system. Thus, I hopes the administrative commitment can be explored as an independent legal system.In’this paper, the first chapter is an overview of administrative commitment, which mainly introduces the connotation and extension of administrative commitment, nature and itself of administrative commitment, the comparison of related concepts and basic elements of administrative commitment. Seeing that the numerous disputes about the nature of the administrative commitment, the second paper makes focuses on analyzing the nature of administrative commitment, trying to find a solution in practice to solve problems caused by unclear natures of the administrative commitment.The third chapter describes the contents of the program and the effectiveness of administrative commitments. In making the program mainly discusses the beginning, publication and service of administrative commitment. In the realization of the program focuses on the administrative relative person back promise, including the way back to the promise, duration and principles. The last part of this article describes the liability administrative commitments. The content follows: the main administrative liability include not only administrative object but also relative object. In the way of administrative commitment of legal liability, the author believe administrative commitment should be put into administrative litigation and administrative reconsideration range, ensuring administrative relative person to have a more comprehensive means to protect their lawful rights of private party. On the responsibility of the way, in addition to a description of the administrative subject responsible ways, but for administrative counterpart liability approach also briefly discussed.