On Application Of Law Of Administrative Promise

With the construction of government ruled by law,the administrative body has continuously explored new administrative means to achieve administrative goals,and a large number of new types of administrative actions have emerged in various fields.It is in this context that administrative promise has developed rapidly.Administrative promise can attract public participation,promote the construction of new social governance models,and provide new ideas for government administration.The pro-orientation of administrative subjects has also caused an increase in disputes over administrative promises year by year.However,the current understanding of administrative promise is still relatively limited,and there is less research on the application of administrative promise laws and the system is not strong.After the Supreme People's Court issuing the “Notice on Standardizing the Cause of Administrative Cases”,it embodied the administrative promise as specific cases,but the judiciary authorities also met a lot of problems and confusions in handling administrative promise disputes.Therefore,on the basis of fully respecting the connotation,nature,and characteristics of administrative promise,it is necessary to comprehensively improve the operational mechanisms of the application of administrative promise laws,effectively protect the legitimate rights and interests of relative person,promote the development of the administrative promise system,and carry forward administration according to law so as to ensure that the judiciary authorities can make decisions that meet the legal and social effects when it comes to resolving legal disputes of administrative promises.Therefore,this article focused on the legal application of administrative promise behavior and conducted the following researches:First of all,starting from the concept of administrative promise,while comparing the traditional concepts,the administrative promise was compared with administrative contracts,administrative awards,and civil legal acts.By comparison,the concept of administrative promise was specifically outlined.The nature and characteristics of administrative promise were discussed,and the administrative promise was classified as an administrative behavior,which was characterized by unilaterality,promise,non-mandatoryness,and grantability.The relevant theories of the German law and the Anglo-American law were sorted out.Secondly,it summarized the status quo of the legal application of our country's administrative promise behavior.By summarizing the research of the judgment documents and the results ofthe empirical research,the focus was on the four aspects,including the current legislation,the relationship of rights and obligations between the administrative subject and the relative person,,legality review,and the avoidance of the recognition of the effectiveness of administrative promise legal acts by judicial authorities In addition,the causes of the legal application of administrative promise behaviors were summarized.The main causes of the problems were found in the three aspects,including the neglect of the judiciary's object of the law legislation of administrative promise behavior.the unclear basis of legal application,and the unclear legal application standards.Finally,it responded to the above problems and causes,explored the legal application model of future administrative promise behaviors,proposed to restored the legislative intent of administrative promises,improve the legal application basis of administrative promise behaviors,andexplored the legal application standards of administrative promise.