Case Study Of Judicial Judgment On Administrative Promise

With the implementation of the strategy of governing the country according to law and the construction of the government under the rule of law,the administrative objectives and tasks of the administrative subjects in China are constantly changing.The government is also transforming into a service-oriented government.In the process of transformation,administrative subjects are constantly exploring new administrative methods.As a new type of administrative management,administrative promise has entered the field of vision of the administrative subject with its good characteristics such as high efficiency and convenience,and has been widely used in public management fields such as attracting investment and local development.The spirit of cooperation between society and administrative subjects reflected by administrative promise also accords with the connotation of administrative relations in the new era.At the same time,administrative promise was born from practice,which is an administrative act without clear legal regulation.Moreover,because the research on the basic theory of administrative promise,such as its concept,nature and characteristics,is still inconclusive,and there is a lack of uniform and feasible judicial adjudication rules in practice,it is difficult to regulate the bad behaviors of local administrative subjects such as random promise,non-fulfillment of promise and ultra vires promise.Its consequences not only affect the credibility of the government,but also lead to the failure of administrative promises to play their own advantages.Therefore,how to solve the chaos in the administrative promise and effectively protect the legitimate rights and interests of the counterpart has become the most urgent problem to be solved.For the counterpart of the administrative promise,the most effective way to protect their rights and interests must be for the counterpart to bring a lawsuit to the court or carry out administrative reconsideration.However,according to the results of the author’s on-the-spot investigation,the administrative reconsideration department of the government rarely receives cases of administrative promise,and even when it receives cases,it will advise the parties to sue in court.Therefore,this article only aims at the perfection of litigation.At the same time,theory guides practice,so it is necessary to understand the basic theory of administrative promise before studying the judicial adjudication rules of administrative promise.The first chapter of this paper is the introduction part.The author will briefly introduce the writing background of the article,sort out the relevant academic viewpoints and research results on administrative promise,and put forward some innovative ideas on perfecting the judicial adjudication rules of administrative promise.In order to make readers better understand the basic theoretical knowledge such as the concept and nature of administrative promise,and pave the way for the brief analysis of subsequent administrative promise cases,the second chapter of this paper will briefly introduce the basic theory of administrative promise,which will not only put forward their own views on the concept and nature of administrative promise,but also focus on the staged administrative structure of administrative promise.As the theoretical research of administrative promise in China is not mature,it is necessary for the author to introduce the relevant theoretical research outside the country while introducing the basic theory.The third chapter of this paper is the part of raising questions and analyzing questions.As the author hopes to get some suggestions on perfecting the judicial adjudication rules of administrative promise in China,the author will analyze all the administrative promise cases that can be collected at present,in an attempt to find out the existing judicial problems in China.By sorting out the cases of administrative promise,we find that there are some problems in the judicial judgment,such as unclear identification of administrative promise,difficult to determine the basis of examination,unclear examination content and so on.Based on these problems,it is difficult for the court to examine the legality of administrative promise.At the same time,the legitimacy review method applicable to general administrative actions is also difficult to apply in administrative promise cases.At the same time,the causes of these problems are briefly analyzed.The fourth chapter of this paper is also a chapter to solve the problem.In view of the types of administrative promises that often appear at present,the staged behavior characteristics of administrative promises and the reality that there is no relevant legal basis,the author puts forward some suggestions to improve the judicial adjudication rules of administrative promise cases in China and solve administrative promise cases for the courts.Providing guidance will also help to give full play to the advantages of external supervision of the courts and promote the perfection of the legal system of administrative promise in China.