An Empirical Study On Administrative Commitment Judicial Judgment

When it comes to "Administrative Commitment",people often confuse it with offer in civil law or put it in the perspective of civil legal relationship to understand.In fact,as a new type of administrative management activity,the Administrative Commitment has the beneficial,non-mandatory characteristics of public purpose,and it is widely used in the fields of administrative management such as demolition,taxation,investment promotion,local development and comprehensive social governance.The application of Administrative Commitment enables social subjects to participate in public management and service affairs more conveniently and extensively.It is a kind of new administrative action relationship with strong interaction,and it embodies the spirit of cooperation between citizens and administrative subjects.To some extent,it makes up for the part that administrative subjects cannot reach.Modern government must be a government under the rule of law,and administration by law is its basic attribute.In fact,the Administrative Commitment is a kind of administrative action which is not regulated clearly by law.For the administrative subject whose legal administrative capacity is still under construction,the phenomena of arbitrary commitment,overstepping commitment and illegal commitment are incompatible with the requirements of the government under the rule of law.How to scientifically distinguish the legal nature of Administrative Commitment and precisely recognize its legal status,how to effectively analyze the regulation function of current law on Administrative Commitment,and how to improve it under the requirement of the concept of law-based administration? This is the basic cognition of this article writing.Through literature analysis,this paper roughly sorts out the different legal nature of Administrative Commitment in different administrative links.Its legal nature is complex,which not only has the property of abstract administrative act,but also one of the accordance of administrative legal relationship.It also has the property of administrative decision after the performance of the private party.For this reason,this paper has formed a three-stage analytical perspective of "making administrative commitments--specific counterpart’s ’response’--turning of legal relationship(the administrative subject makes good on commitments)".This in-depth method along the development sequence of things constitutes a powerful tool for this paper to study the Administrative Commitments and their legal regulation.Based on the empirical study of 117 specific cases,it can be found that the current law is not effective in regulating administrative permission and the judicial review of administrative permission disputes is insufficient.The government’s image of integrity is affected by these.An insightful analysis of the specific cases shows that the abuse of the concept of Administrative Commitment and the absence of the legal responsibility of the administrative subject are the direct causes of the problems,the overlook of the nature of the legal source of administrative commitment and the confusion between administrative commitment and other behaviors are the main reasons,and the high cost of solving legal disputes of administrative commitment is the objective reason.Finally,from the macro perspective of comprehensively governing the country by law and building a law-based government and administration by law,the paper puts forward some suggestions on adhering to law-based administration,improving the record and review,strengthening the execution of judgments,and building an honest government.How to carry on the effective external supervision to the administrative commitment and put forward the improvement suggestions to the concrete judicial review operation of the administrative commitment and the rule of law of the administrative commitment;Under the framework of all administrations by law,how to form better internal legal regulations for administrative commitment is not well discussed by researchers due to the limitation of my current academic ability,which is needed to study continuously.