Research On The Relief System Of The Right Of The Relative Party Of Administrative Promises In My Country

As an emerging administrative act,administrative promise has strong advantages of interaction,openness and service.Under the background of vigorously promoting the construction of a socialist country ruled by law,administrative agencies are increasingly using this emerging kind.Administrative act.The administrative promise can establish a positive image of the government’s honesty and credit,and can fully mobilize the enthusiasm of the public to participate in administrative management.The government and the public can conduct benign interactions,which is conducive to building a service-oriented government and a rule of law government.However,due to the blank of legislation and the immature research of basic theory,administrative promises have problems in the practice of abuse of administrative promises by administrative subjects,"no promises and no practice",and weak relief of administrative counterparts’ rights,among which administrative promises the rights of relatives.The relief issue is most prominent.Based on the characteristics of administrative promises,the relative participation of the relatives is higher,which leads to the relative rights of the executives being vulnerable to the executive power.At present,in practice,the administrative promises the relatives to make rights relief through the administrative litigation,the means of rights relief is relatively simple and the relief is very weak.In addition,from the perspectives of administrative reconsideration,administrative compensation and compensation,the non-litigation rights relief system is basically in a state of absence.Therefore,it is necessary to construct and improve the corresponding rights relief system,expand the remedies of relative rights,and guarantee the legitimate rights and interests of the administrative promises.First of all,it is necessary to sort out and study the basic theoretical issues of administrative promises.The administrative promises and the normative documents on which they are based should be strictly distinguished.The issuance of a normative document containing an expression of promise by the administrative body is not a specific administrative promise,and is an administrative provision in the general sense.The administrative promise act has its own independent operational logic,and the administrative promise should include the unilateral promise of the meaning and the performance of the promised obligation.Administrative promises should be administrative in nature and independent of administrative payments,administrative contracts,and administrative incentives.Secondly,combined with the case of administrative promise in judicial practice,it is proved that there are situations in which the judicial review is unilateral,the"substantive referee" and the "procedural referee" coexist in the specific litigation,and from the perspective of the administrative counterpart’s rights relief.The above-mentioned status comes down to two aspects:the single relief route and the weak relief.How to expand the way of administrative promised rights relief and strengthen the rights relief is the core of building its rights relief system.Finally,to construct a system that combines administrative promises and relatives’ litigation remedies and non-litigation remedies,the administrative promises should be clearly defined in the scope of the administrative litigation,administrative reconsideration,etc.,and the legal status of administrative promised rights relief should be clarified.A comprehensive review of all aspects of the administrative promise operation,as well as diversified reconsideration decisions and administrative judgments are also essential.The right remedy system combined with non-litigation can expand the way of administrative promises to protect the rights of relatives,strengthen the power of their rights,protect the legitimate rights and interests of administrative counterparts,and force the administrative subjects to regulate their own promises and give full play to their administrative promises.The value of the benefit of the government,the benefit of society,and the benefit of the people.