Study On Judicial Review Of Administrative Promise

In recent years,administrative promise,a new type of cooperative administrative behavior,is increasingly used in administrative activities.However,in addition to the judicial interpretation of actively accepting new types of administrative cases such as administrative promises issued by the Supreme People’s Court in 2009,and the Circular of the Supreme People’s Court on Regulating the Cause of Cases of Administrative Cases,which came into effect on January 1,2021,based on the old version in 2004,Will make clear further administrative promise to the independent cause of action for cash bonuses and cash discount,no other written laws related to the concept of administrative promise and extension,etc.Make that clear,academia on many fundamental problems of administrative promise has yet to form said,and this concept in our country administrative law are only simple also mentioned in the textbooks.When the legal norms and theoretical research are not mature,facing the increasing administrative promise disputes,we still need to rely on the final relief of judicial organs.Therefore,the research on the perfection of judicial review of administrative promise is of great significance for solving administrative promise disputes,protecting the legal rights and interests of administrative counterparts and forcing administrative subjects to administer according to law.The first part is the basic theory of administrative promise and judicial review,mainly expounds the emergence and development of administrative promise,connotation definition,behavior nature and behavior process analysis,leads to the concept and value of judicial review of administrative promise,so as to introduce and summarize the basic problems of administrative promise.The second part is the case analysis of administrative promise judicial review.First,Alpha database is used to analyze the overall case data of administrative promise in China in a visual way,including its growth trend,regional distribution and the characteristics of trial level.Secondly,78 typical cases of administrative promise are selected as samples to summarize the specific characteristics of administrative promise cases.In this way,the practice of administrative promise judicial review is held in different dimensions.The third part is about the problems existing in the judicial review of administrative promise.From the perspective of judicial cases of administrative promise,it goes deep into the whole process of administrative litigation,and puts forward three problems: the unclear judicial recognition standard of administrative promise,the unclear judicial review rules and the inconsistent judicial judgment standard.The fourth part is the improvement suggestions of administrative promise judicial review,by referring to the relevant systems and theories,and combining the practice of these problems solved better cases,put forward improvement suggestions.Firstly,the identification boundary and constituent elements of administrative promise are clarified to clarify its judicial recognition standard.Secondly,by clarifying the principle of judicial review of administrative promise,exploring the two-layer judicial review model and refining its judicial review standards in stages to improve its judicial review rules;Finally,the judicial standard of administrative promise is clarified to make proper judgment.