Research On The Administrative Promises And Related Judicial Review

Administrative promise is an obvious embodiment of the administrative department playing an active role in the management of administrative affairs,different countries have different understandings of administrative promise due to different social background,political system,legal system,cultural tradition and economic development.In common law countries,the concept of administrative promise doesn’t exist because there is no distinction between public and private law,but administrative promise still exists in the form of social service commitment in the government’s daily management activities in practice.In the civil law countries,Germany has the most detailed regulations on promise commitment,but there is still no consensus on administrative promise.In China,administrative promise has been widely used in recent years due to it’s unique flexibility and efficiency.With the wider application of administrative promise,the number of related administrative disputes is increasing too.But because of the absence of legal norms,not only administrative promise disputes quantity is rising,but also lead to many difficulties during judicial review of administrative promise.At present the legal norm about administrative promise and judicial review,in addition to the 2009 “The Opinions on Protecting the Right of Action of Parties in Administrative Litigation according to Law” require that new types of cases such as administrative promise should be actively accepted in accordance with the law,and “The Circular of the Supreme People’s Court on Regulating the Causes of Administrative Cases”implement from January 1,2021,which base on 2004 “The Notice of the Supreme People’s Court on Regulating the Causes of Administrative Cases” mentioned that administrative promise should be an independent case into the scope of administrative litigation,explicit administrative promise to honor bonuses and benefits,there has no more legal norm.This article base on the existing legal norms,comprehensive analysis different views of the theoretical and practical circles on administrative promise,try to summarizes the general concept of administrative promise,and demonstrate the rationality of the proposed concept by analyzing the characteristics of administrative promise and comparing it with similar administrative behavior.The judicial review of administrative promise mainly refers to the activities that after administrative relative initiates the administrative proceedings,the court examine the legality and reasonableness of the promise and subsequent fulfill promise and make corresponding decisions.Judicial review of administrative promise is conducive to protecting the legitimate rights and interests of administrative relatives and regulating the behavior of the administrative departments in making administrative promise and fulfilling the promise.Through the analysis of cases in practice,it can be found that the problems in administrative promise mainly exist in the promise itself and the process of judicial review.This article simply summarizes the causes of various problems in practice into weak in the law thinking,lack of legal norms,judicial review is imperfect and the resulting lack of relief.And puts forward practical suggestions from these aspects for perfecting administrative promise and its judicial review system,and tries to put administrative promise into the track of law,so as to ensure that administrative promise disputes are effectively resolved and the rights of relatives are effectively guaranteed.