Judicial Relief Of The Rights Of The Counterpart Of Administrative Promise

Administrative promise is a kind of actionable administrative act,which can be generalized as the administrative act that the administrative subject unilaterally makes to the specific public in an open way to complete a certain thing or an act to be completed by the administrative counterpart within the scope of authority in order to achieve a certain administrative management goal within the scope of the law.This article only discusses the judicial relief of the counterpart`s of administrative promise.The purpose of judicial relief of the counterpart`s of administrative promise has the characteristics of performance,the scope of relief is limited to specific administrative acts,and less execution judgment.According to the existing judicial cases,the reason why the rights of the opposite party are infringed is that the administrative promise is beyond the scope of its discretion,the administrative promise violates the mandatory provisions of the law,the administrative promise damages or in disguise damages the social public interest,which leads to the fact that the administrative subject can not be bound by the promise;or the administrative organ abuses the preferential right to interpret the content of the promise arbitrarily and pushes To discharge one's own obligations and cause damage to the rights and interests of the other party.There are some problems in the judicial relief of the counterpart`s of administrative promise,such as the limited scope of the litigation of administrative promise,the disunity of the examination standard of the norms of administrative promise,the lack of the judgment rules of the trial of the essence of administrative promise,and the difficulty of the counterpart of administrative promise in providing evidence.In view of the above problems,this paper puts forward suggestions,that is,to perfect the principle of protecting the rights of the counterpart of administrative promise,to perfect the basis of the rights of the counterpart,to perfect the scope of accepting cases,to perfect the examination standard of administrative promise litigation,to perfect the requirements of the form of judicial adjudication,so as to achieve the purpose of better protecting the rights of the counterpart in judicial relief.