Administrative Promise Research

Administrative promise has been a new administrative behavior in thepast few years. Because of its great advantages, administrative promisehas been widely used in practice, giving irreplaceable effect in some wayslike improving administrative efficiency, benefiting common people andbuilding better image. As a new administrative way, administrativepromise uses consulting instead of past one, which is usually serious topeople. Now it has been an indispensability administrative behavior incontemporary society. However, comparing with its heat in practice,administrative promise lags behind in theory. There are manycontroversies in some basic problems like properties and category. Andalso there are few Research achievements. The deficiency in law leads abad consequence that administrative office has no specific rules to usewhen they make or cash a administrative promise, and also there are noany rules to formulate specific procedure, potency, relief andresponsibility of both in administrative promise. So because of that thereare many disputes in administrative promise in practice. For example,there are two directed cases about administrative promise published byThe Supreme People Court of the PRC. And the "limiting license plates " in Hangzhou is also a new case in practice. More and more cases make clearthat it is extremely urgent to rule administrative promise. To solve thisproblem, I choose the administrative promise as the main idea of my thesis,using three classic cases to analyze it.Integrity in today’s society has become one of the important factorsof interaction between people. Administrative promise as a new systemof administrative management appears in the eyes of the citizens. Welladministrative system could play a important role in the promise"win-win" for the government and citizens. However, it is oftencontroversial and contradictory in practice, and citizens are oftenvictims in it. Case of "Huang ", case of "Chen", and case of "Zhang"are three typical cases, the problems the cases reflect are worthpondering. In addition, Administrative promise is not only problematicin practice, but there are few theories. I think the administrativepromise is the behavior to refer to the administrative body in theadministrative and management activities, which is in order to achievethe objectives of the Government to improve government efficiency, inaccordance with the terms of reference or mandate the extent permittedby the laws and regulations that make no specific administrativecounterpart answered within a specified period or in not for certainunilateral acts of the executive obligations. Administrative body shallnot modified and revoked promise. Something of the administrativepromise in the legal system is a blank, which gave the administrativebody to make random changes, and the reasons for the revocation promiseconvenience resulted in the hurt of civil rights. After the civil rightsare violated, the remedy should be able to get citizenship diversity,including negotiation mediation, complaint letters, administrativereconsideration and administrative litigation. Administration promiseas a specific administrative act should be actionable in the people’s court. Court should make a detailed review of the case, it also shouldbe given to perform a certain amount of discretion to promise specificjudgments.The Hangzhou government burst "card limit order" to make the publicby surprise. People not only angry the sudden release, but also thetransparent. Hangzhou government’s credibility is facing a hugechallenge, and it also reflects the problems of administrativeauthorities for their promise. Administration should increase itsstrong sense of integrity, and improve legislation as soon as possible,and at the same time it should add measures to protect the legitimaterights and interests relative, which makes the promise system forhealth.