Study On Administrative Comittment From The Perspective Of Process Theory

With the development of society,citizens have put forward new demands on government service,and the way the government performs their duties has also been adjusted.The "administrative commitment",which is discussed in this article,is a new form of public service provided by the government.In order to adapt to the needs of the new era,the use of government agencies for administrative commitment is also increasing.However,there are disputes about the nature of administrative commitment in terms of "administrative behavior" or "civil action".In order to solve the qualitative problems brought to trial practice by the supreme law in the "notice on regulating the administrative case" will be defined as an administrative behavior.In my view,this lack of theoretical basis not only made administrative commitment completely free from the mire of qualitative dispute,but made it muddy and unable to extricate itself.Therefore,it is necessary for us to carry out an in-depth study on the reasons for the dispute,and then pave the way for the follow-up norms and application of the administrative commitment.As a theoretical tool that runs through the full text,the theory of administrative process reconstructs the theoretical framework and regulation mode of our country's administrative commitment on the whole.In addition to the introduction and conclusion,there are five parts in this paper.The first part "the origin of the issue of administrative commitment".This part mainly takes the basic concept of administrative commitment as the demonstration center,taking the real trial cases as the breakthrough point and the theoretical contrast at home and abroad as a breakthrough to try to create a stereoscopic vision for the readers.By summarizing the current theory of administrative commitment,we can see that traditional theory is no longer able to meet the needs of today's actual development.It is imperative to innovate its methodology.The second part is "the introduction of the process theory in the administrative commitment".Compared with the analysis of the previous study,the necessity of theoretical introduction is obtained.This section is based on three levels of necessity,rationality and feasibility,focusing on the proposition of "Research on administrative commitment under process theory",so as to lay a logical premise for the later system design.The third part is "the regulation of the substantive law of the administrative commitment".This part through the introduction of administrative process theory of administrative commitment stage of analysis,according to the respective characteristics ofadministrative commitment at different stages in the substantive law regulation,in general,of the administrative commitment of substantive law regulation can be divided into three stages: the first stage is the administrative commitment,the focus of regulation stage is to ensure the administrative commitment must comply with the law;the second stage is the administrative commitment,the subsequent impact stage mainly focus on administrative commitment.The third stage is the afterthought of the administrative commitment.This stage emphasizes the legislative guidance of the administrative commitment based on the protection of the relative people's trust interests.The fourth part is "the regulation of procedural law of administrative commitment".This part of the administrative commitment status such as the experts involved in the reflective process lag based on the set,try to introduce the preparation stage of administrative commitment to achieve expert intervention,administrative commitment to transparency,and focus on the administrative commitment after the implementation of procedural system construction stage,promote and realize the transformation of government functions.The fifth part is "judicial relief of administrative commitment".This part through the analysis of the administrative commitment of judicial relief mode,return to the administrative litigation caused by the commitment as the payment behavior of this nature,adhere to the introduction of "double trial mode" in the judicial trial,which is divided into the first review of the administrative legal relationship commitment whether there is action,check whether the retrial of administrative commitment shall be fulfilled the statutory the duties of the litigation in two stages;at the same time using the dispute settlement mechanism on negotiation,seek a feasible path for the breakthrough of administrative commitment trial the plight of reality...