Study On The Judicial Review Of Administrative Promise

With the rise of public service concept,the function of modern government is more inclined to provide high-quality and convenient services to the society and the public.In response to the construction of service-oriented government and honest government,it is the general trend to replace rigid administration with flexible administration.Administrative promises with functions and powers,benefits,unilaterality and discretion are widely used in the administrative activities of administrative organs because of their convenient and efficient advantages.The emergence of administrative promises is just adapted to the trend of the times of our country’s government transformation and economic transition,but compared with the hot situation of practical application,administrative promises lag behind in theoretical research and legal regulation,the nature of administrative promises is vague,the judicial review is lack of clear legal basis,judicial review rules are unclear and many other issues highlighted.In judicial practice,disputes caused by the administrative subject’s "promises but not practices" become more frequent.Whether the administrative promises disputes are properly resolved will directly affect the construction of the government ruled by law and the government of good faith.This paper selects the case of "Mr.Cui v.Feng County People’s Government’s Administrative Promise Case" as the research model,analyzes the nature of administrative promises,the focus of the review and adjudication of administrative promises,and closely explores the problems highlighted in the judicial practice of administrative promises,and tries to propose solutions.At the same time,based on the judicial adjudication of administrative promised cases,this paper outlines the judicial review path of administrative promised cases under the guidance of existing theories.This article is divided into four parts:The first part is the brief introduction of the case and the analysis of the focus of the dispute.The main content of the first part is to introduce the basic case of the communique of the Supreme People’s Court case "Mr.Cui v.Feng County People’s Government’s Administrative Promise Case" cited in this article,the judgment results of the first and second instance,and to summarize the focus of the dispute in this case.The second part is the legal analysis of the focus of dispute.The disputes involved in this case are mainly focus on the definition of the nature of the behavior of the respondent’s "Circular No.23" and whether the respondent should fulfill the payment content of the promise.That is,it involves two aspects,which includes the determination of the nature of administrative promise and the discussion of judicial review of administrative promise cases.Through the legal analysis of the main focus of the case,this paper defines the nature of administrative promise.At the same time,this paper discusses the problems existing in judicial practice of administrative promise,such as the justifiability of administrative promise case,the legal basis of judicial review,the scope,and the application of payment judgment.The third part is the research conclusion of this case based on the specific analysis of the focus of the dispute.That is,the respondent made an administrative promise to the unspecified majority about the content of the preferential policy of attracting investment,and clearly concluded that the respondent in this case needs to fulfill its promised content to the appellant.The fourth part is based on the analysis of cases,and puts forward suggestions from five aspects,which include the judicial review system of mode,the standards of judicial review,the basis and limit of judicial review and the choice of judgment forms,hoping to provide new ideas for the perfection of judicial judgment system of administrative promise cases.