Research On Administrative Promise System

The supreme people's court on January 14,2004,issued the notice of normative administrative cases of the cause of action(hair [2004] no.2)the administrative promise as a kind of individual lawsuits by,and administrative award,administrative benefit and included,released in 2009 the supreme people's court according to law on the protection of administrative proceedings the parties litigation right opinion "(hair[2009]54)clear again to actively accept the administrative promise new administrative litigation cases.So far,although the judicial interpretation clearly puts forward the concept of "administrative promise",it is a little strange to the theoretical circle of administrative law.Administrative promise is the obligation of administrative subject to set public law for itself in a certain way and promise to do or not to do certain behavior under certain conditions in the future.The practice of administrative promise in China started from the social service commitment system in yantai,shandong province in the early 1990 s.Its main forms in practice are administrative reward,investment incentive,timely promise,help and service promise and declaration promise(or policy promise).This kind of flexible new administrative mode has played a special role in promoting counterparts to participate in administrative activities,thus improving administrative efficiency,making use of non-compulsory administrative management mode,and "promising but practicing" in practice,and establishing the image of the government.Although the administrative promise has such advantages and is widely used in practice,it does not promote the theoretical research,the number of related monographs is small,the basic theory is controversial,the definition and nature of the administrative promise has not been unified,and the theoretical research lags behind the development of the administrative promise.In the practice of the administrative promise,promise at random,illegal promises,"and not practice" the phenomenon such as a large number of happening,the reasons of the existence of these problems lies in the administrative promise,the lack of substantive law basis and the procedures of administrative promise an insufficient regulation of administrative promise isunknown,the responsibility is not clear,plus administrative promise relief is weak,and in the judicial relief,a court in the uncertain object of different examination standards,review,etc.,lead to relative person legitimate rights and interests can not get effective maintenance.Last but not least,the backwardness of the concept of service of administrative subject is also one of the reasons.In order to make the administrative promise to return to the right track,play its proper value of the function,should from the entity and the procedural regulation to the administrative promise,that is,from the administrative promise principle,procedure,effectiveness,responsibility and so on construction of legal system of administrative promise,in order to make up for the blank of administrative promise of legislation,to reveal the administrative promise second relief channels,such as the administrative review and administrative compensation and the establishment of the administrative compensation system,the relief of administrative promise is the most important way to---the administrative litigation,should be targeted,legal basis,sentence form and the burden of proof allocation to further refine perfect,so as to safeguard the rights and interests of the other party,So that the administrative promise can be more widely promoted,and its efficient administrative management means can be brought into play to serve the construction of China's law-based and service-oriented government.