Research On The Legal Regulation Of Administrative Promises

Administrative promise is a unilateral expression of the administrative subject's will,which is a promise made for the public interest to do or not to do an administrative act when the counterpart meets certain conditions.The administrative promise must have the participation of the counterpart,but it does not participate in the decision-making of what kind of promise the administrative subject makes.At present,there are many problems in the administrative promise,such as the administrative subject breaking the law,violating the mandatory provisions of the law,exceeding the authority,abusing the authority,and making any change,cancellation or non performance after the promise.The illegal subject of administrative promise is that it does not have the subject qualification of making administrative promise,which includes violating laws and regulations,exceeding authority and abusing power to make administrative promise.The causes of these problems are mainly divided into legislation,supervision and relief.In terms of legislation,there are two deficiencies in administrative promise,substantive law and procedural law,which makes it difficult to determine the legitimacy and rationality of administrative promise.In the aspect of relief,both administrative relief and judicial relief are not perfect,the review of abstract administrative act by administrative relief is not enough,the content of judicial relief review and the standard of judgment are not unified,and different judgments of the same case occur from time to time.At the same time,the lack of guidance cases leads to the lack of guidance and reference when many courts try administrative promise litigation.In addition,in terms of supervision,inadequate internal and external supervision is also an important reason for the problems of administrative promise.It is because of the joint efforts of these aspects that administrative subjects abuse their discretion when they make administrative promises,and the administrative purpose of social public welfare has not been well reflected.The solution to the problem of administrative promise needs to be improved from the above aspects.The substantive law should regulate the specific legal provisions of administrative promise,clarify the differences between administrative promise and other administrative acts,ensure the mutual promotion of theory and practice,make the procedure more open and transparent,and improve the participation of the administrative counterparts and stakeholders.For the supervision of administrative promise,in terms of internal supervision,before the administrative promise comes into effect,if the corresponding legal department can be appointed to review the legality and rationality,strengthen the protection of the administrative counterpart and other interested parties,if necessary,hold a hearing,invite experts and scholars to jointly demonstrate,it is bound to shield more administrative promise disputes from litigation.In terms of external supervision,the public's opinions shall be solicited before the administrative promise is made,and the channels for public complaints and suggestions shall also be opened.In terms of administrative relief,we should strengthen the relief of abstract administrative acts and expand the scope of application of administrative compensation in administrative reconsideration.In judicial relief,the content of unified judicial review should include the examination of the legality of the administrative subject,the examination of the legality and rationality of the content of the administrative promise,the examination of the legality of the procedure,the examination of the qualification of the plaintiff and the defendant,the examination of the time limit of litigation,the scope of accepting the case and the examination of whether the plaintiff meets the requirements of the promise and the performance of the defendant's promise.If necessary,the revocation of the administrative promise can be used for judicial compensation.In addition,the unity of judicial standards is the specific performance of judicial justice.The standards need to be unified for the revocation,performance,confirmation of illegal or invalid judgments of illegal administrative promises in different situations.