Research On Judicial Review Of Administrative Promise Cases

With the advancement of the construction of a service-oriented government,administrative promises have been widely used in practice,and have played an important role in enriching administrative law enforcement,encouraging public participation,and improving administrative efficiency.Limited by the absence of legal regulations and the imperfection of theoretical research,problems and disputes in the operation of administrative promises have emerged one after another.Judicial review of administrative promises also faces many challenges.Real development urgently needs the improvement of related systems.The subject of this article is the study of judicial review of administrative promise cases.The first part sorts out the consensus and divergence in the standard of administrative promise determination,and points out the concept of administrative promise and its unilateralism,benefit,non-compulsory and discretionary nature.feature.There are two main differences on administrative promises.One is whether it is an abstract administrative act or a specific administrative act,and the other is whether it is a unilateral administrative act or an administrative act of both parties.Then it analyzes the difficulties and problems encountered by the traditional administrative behavior centralism in the modern administrative context,advocates the introduction of administrative process theory,and conducts research on administrative promises from the perspective of administrative process theory.Finally,the administrative promise is characterized as a compound administrative act.The classification of traditional abstract administrative acts and specific administrative acts is difficult to completely conform to the nature of administrative promises.The second part is an investigation of the typical path of judicial review of administrative promise cases.Firstly,I distinguish between administrative promise and administrative promise disputes,and point out that administrative promise disputes in practice are mostly caused by the administrative body’s failure to fulfill the promises made.Then,through the analysis of the court’s judgment thinking in the three typical cases of "Huang Yinyou case","Zhang Chimai case" and "Cui Longshu case",sum up the administrative legal relationship lawsuit and the behavior of performing administrative duties in the administrative promise case.There are two different review paths.The third part is the standard and basis of judicial review of administrative promise cases.The basic principles of legality and good faith can be used as the standards for judicial review of administrative promises.The administrative promise regulations issued by the administrative subject are not only the basis for judicial review,but also the object of judicial review.The choice of different review scopes for administrative promise documents directly affects the interests of administrative counterparts.The fourth part is the way of adjudication of administrative promise cases.Among the six judgment methods stipulated in the Administrative Procedure Law and judicial interpretations,the revocation of judgments and the choice of execution of judgments and payment of judgments are the focus of attention.As there are currently no special substantive laws and regulations and administrative procedure laws that provide for the making and fulfillment of relevant administrative promises,the application of revocation judgments in administrative promise cases mainly includes two cases of overstepping of power and abuse of power.The applicable standards for fulfillment of judgments and payment of judgments are mainly whether the administrative subject has discretionary power.The court should make appropriate judgments based on reasonable consideration of the boundary between judicial power and administrative power.