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Research On The Behavior Of Administrative Promise

Posted on:2021-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2416330629450909Subject:legal
Abstract/Summary:PDF Full Text Request
As a new type of administrative behavior,administrative promise behavior is widely used in many fields of administrative management,and has gradually become an administrative behavior mode with its own characteristics.Its soft means and reward mechanism can better realize the benign interaction between citizens and the government,help to maintain the government's credibility,expand citizens' Participation,realize the rational allocation of resources,and It is helpful for the construction of the legal standard service government and the rule of law government and the practice of the concept of "co governance,co construction and sharing".However,the development of administrative promise behavior is disordered,and the legal norms regulating administrative promise behavior are also missing,which leads to the lack of specific legal norms in the operation of administrative promise behavior,and frequent problems such as no right to promise,abuse of promise,infringement of the rights and interests of the opposite party.At the same time,the relevant theoretical research is far behind the practice,especially the basic theoretical research is very weak.For example,the basic concept,nature,effectiveness,constituent elements of administrative promise behavior are still controversial,so it is difficult to provide sufficient theoretical guidance for the norms of administrative promise behavior.This paper is divided into four parts.In the first part,the author defines the act of administrative promise,and divides the act of administrative promise into abstract and concrete ones based on the two-tier logical structure of the act of administrative promise.In the second part,it combs the operation process,procedure,mode and type of administrative promise behavior,and clarifies the positive functions and existing problems in practice through the study and judgment of practical cases.The third part is to explore the establishment of administrative review system of administrative promise behavior,and realize standardized development.The fourth part,in view of the problems existing in the relief system of administrative promise behavior,especially in the administrative compensation,puts forward suggestions to improve the administrative compensation relief.By summarizing and analyzing the current theories and viewpoints of administrative promise behavior,comparing and analyzing the characteristics of relevant administrative behavior or civil behavior,this paper makes clear the basic connotation and constituent elements of administrative promise behavior,and makes a new definition of administrative promise behavior.Based on the investigation of practical cases,the study of relevant judgment documents,and the analysis of the main problems in the operation of administrative promise behavior,The author suggests that we should first review the abstract administrative promise,pay special attention to the rationality review,strengthen the internal supervision of the administrative subject,and construct the standardized operation mechanism of the administrative promise.At the same time,we try to solve the problems of the administrative compensation and relief of the current administrative promise.The author thinks that we should focus on the illegal liability Results the principle of imputation supplemented by imputation replaced the single imputation of illegal liability,introduced compensatory compensation standard,made clear the meaning of direct loss,expanded the scope of administrative compensation,protected the legitimate rights and interests of the counterpart to the maximum extent,and balanced the public interests and the legitimate rights and interests of the counterpart.In a word,through the above research,the author tries to build a complete theoretical framework of administrative promise behavior,and establish a perfect operation mechanism of administrative promise behavior norms and the right relief mechanism of the counterpart.It is expected to be beneficial to the construction of the government under the rule of law,the government with good faith and the harmonious relationship between the government and the counterpart.
Keywords/Search Tags:Behavior Of Administrative Promise, Administrative Review, Administrative Compensation Relief, Direct Loss
PDF Full Text Request
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