Research On Administrative Promise

In January 2004, the Supreme People's Court on the release of "on the norms of the administrative case notice" (Law No. [2004]2), a will be defined as an administrative behavior of administrative promise. Indeed, with the construction of the rule of law,law reform and vigorously promote, to fulfill the judicial administrative responsibilities, administrative organs of the daily work is becoming more and more complicated and difficult, the administrative organ must be changed in the traditional administrative mode.Administrative promise is a new way of work for the administrative organs to adapt to the new pattern of law , with from management oriented government to change the situation in the government, in the supplementary legislation and rich administrative law enforcement and judicial reform, improve public participation, improve administrative efficiency plays an important role, but at the same time, in the process of administrative promise to promote the construction of the rule of law, there are still some deficiencies.This paper will explore the administrative commitment as the center:First of all, the first is the introduction of the administrative commitment, the thesis defines the connotation of promise behavior, the definition of administrative commitment refers to the administrative subject for the specific purpose of administrative management relative to the public to act or not, and give the administrative relative person reward promise. Character and function analysis of the concept of behavior promised, then behavior promise and contract law related knowledge points analyzed the correlation and difference, this part is the foundation of this, only understand the basic concepts of administrative promise, in order to lay the foundation for the next step of the paper.Secondly, through the analysis of cases, such as the Hongkong immigration case,starting from the analysis of real cases analysis, not only from the case found in the administrative commitment brought to the country?region? under the rule of law and promote the results that advantage, from analysis of administrative promise still exist at the present stage in our country, the discussion on the analysis of existing main achievements and practice the process of the administrative commitment in question,and according to the main problems of the administrative commitment, in-depth analysis and discussion,the reason of study of the existing problems,hoping to cause according to the existing one by one, to find a proper solution.Finally, the main effect is a summary of the full text of the above as well as the paper,paper in the paper before the administrative promise problems and the reasons were analyzed in reality, from the legislation, law enforcement and judicial three aspects,imperfect legislation, law enforcement is not strict, no judicial basis, one by one analysis. According to the basic idea of administrative promise the understanding of the original, as well as from the case analysis of the main results of administrative promise and problems of analysis, finally to improve the administrative commitment in accordance with the legislative, judicial and law enforcement in three aspects put forward their ideas and suggestions.