Government's Civil Liability For Breach Of Promise

Nowadays,the government more and more uses the form of promise for administration and the cooperative activities with general civil subject.At the same time,the government's promise which is unilaterally made and setting the perpetrator own obligations as content,has some characteristics such as the external form of disunity and wide range of content areas covered.However,the disputes by the government violating the promise and causing relative human losses,as far as the theoretical research on the promise of the government,cause problems and controversies.How to carry out the typology study of government's promise,and how to distinguish the promise of civil nature and the promise of administrative nature,are the key to solve the problems and disputes.This paper starts from the classification of government promise,according to the characteristics of different aspects of the government's promise,dividing the government's promise into unilateral promise and substantive mutual agreement,unconditional promise and conditional promise,and civil promise and the promise of administrative nature.In addition,through the separately an empirical study on the cases of government's promise,this paper discusses the government under what circumstances should bear which civil liability,when the government violates the civil promise and promises of administrative nature.In addition to the introduction and conclusion,this article consists of a total of four parts.The first part of this paper puts forward that there are practical and theoretical problems about government promise.Firstly,in the real dispute over the government violated the promise,there is a dispute over whether the government's promise is an administrative promise and what responsibility the government should bear.At the same time,there are cases in which the government violates non-administrative promises,but the counterpart is unable to remedy them.Secondly,in theory,there are disputes about how to distinguish the civil promise and the promise of administrative nature,and between "contract saying" or "unilateral legal act" should be adopted on the unilateral promise of civil.In addition,although the concept and characteristics of "administrative promise" have been recognized by most administrative law scholars,no scholar at present has carried on the comprehensive analysis to the government's promise other than the administrative promise,carries on the nature determination and the breach responsibility undertaking.The second part of this paper is about that,based on the empirical analysis of the casespromised by the government,the government's promise is conducted a classification study according to different classification criteria.It is divided into unilateral promise and substantive mutual agreement from the aspect that the government's promise contains the unilateral meaning or the expression of the two sides.It is divided into conditional promises and unconditional promises from the point of view of whether the government promised to attach conditions.From the perspective of the nature of government promise,it is divided into the civil promise and the promise of administrative nature.The third part of this paper is about when the government violates the civil promise,what the civil liability shall it bear.On the premise that "unilateral legal act" should be adopted in the unilateral promise of civil,when the government violates substantive mutual agreement or the promise made to a particular relative,it should bear liability for breach of contract.When the government's breach of promise is a violation of the obligation of honesty and credit,the government shall bear the responsibility of contracting fault.When the government violates the promise made to the public,it shall bear the liability for damages in violation of unilateral promises.The forth part of this paper puts forward the thought about that,under certain circumstances,the government may assume civil liability for office infringement in violation of administrative promise.For the reason that as the administrative promise is the government's duty to perform administrative duties based on the exercise of administrative authority,the government has the obligation to fulfill the administrative promise,and the government's breach of the act is a duty infringement.So when the government's breach of action is an administrative misconduct,or when the act of violating the law is illegal,but the relative person is unable to carry out the relief through the administrative legal norms,the civil liability for tort of his office can be investigated through article 121 th of the General principles of civil law of the People's Republic of China.At the end of this paper is a summary of the contents of this article,clarifying the identification elements of various types of government promises again,and clarifying the civil liability of the government for violating all kinds of government promises.