The Law Of The Government "Commitment Letter" With The Nature Of Administrative Promise Study On Effectiveness

In recent years,under the background of transforming government functions,innovating supervision methods,enhancing government credibility and building a service-oriented government with people’s satisfaction advocated by the Party Central Committee,administrative organs make government "commitment letters" to administrative counterparts more and more frequently in order to better and faster achieve administrative management goals.However,for this kind of government commitment behavior,China’s legislation is still a blank state,lack of the corresponding legal norms and related theory support.In practice,such phenomena as keeping promises without keeping them and breaking promises have seriously violated the legitimate rights and interests of citizens,damaged the credibility of the government and shaken the administrative authority.In the judicial system,the number of cases related to the government’s commitment is also increasing year by year,and the courts at all levels have not formed a unified judgment standard for the determination of the legal effect of the government’s "commitment letter".Based on hou B so-and-so and town people’s government administrative dispute,municipal government and the government will dispute,cui so-and-so and C company in government administrative promise due to three cases as the breakthrough point,research has promised that the nature of the government "will" in certain circumstances of legal effect and concluded that want to court in concluded that the effectiveness of the government "commitment" to provide the reference and provide unified rules the meager strength.This paper is mainly divided into three parts,specifically as follows:The first part,brief case.Taking the legal effect of the government’s "commitment letter" as the starting point,this paper selects three relevant typical cases,briefly summarizes the three cases,summarizes the thinking of the judgment,and summarizes the following three differences of the court: the establishment and effective requirements of the government’s "commitment letter" are not clear;The validity of the illegal "letter of commitment";The influence of the exercise of administrative benefit right by the government on the effectiveness of undertaking letter.The second part,in view of the above court’s differences,carries on the legal analysis.First of all,the concept and nature of the government "commitment letter" are analyzed.Government "commitment" is the administrative organ for maintaining the public interests or achieve the goal of administrative management,administrative organs to exercise discretion to specific or not a particular object to make a unilateral grant good intention,if the administrative relative person to complete a certain behavior or other conditions achieved,both sides bound by commitments,the administrative organ is to live up to its promise of a kind of administrative behavior,belong to the unilateral administrative behavior;Secondly,it makes clear the necessary elements for the establishment and effectiveness of the government "Letter of Commitment".The establishment of an administrative act is the premise of taking effect.Only when the administrative act is in line with the four requirements of "nominal","power","responsibility" and "commitment",can the government "commitment letter" be established.Only when the administrative act meets the three conditions that the administrative act has been established,the content of the administrative act has been "notified" to the administrative counterpart,and the administrative act has no significant and obvious illegal circumstances,the government "commitment letter" will become effective;Thirdly,according to the principle of administration according to law and the principle of honesty and credit,the effectiveness of the government "commitment letter" with illegal contents is analyzed.When the government’s "Letter of Commitment" is generally illegal,it is necessary for the judge to weigh the application of the principle of administration by law and the principle of trust interest protection comprehensively.Fourthly,the effectiveness of the government’s "commitment letter" will vary with the different types of effectiveness of the administrative acts that the government makes when exercising the right of administrative preference.The third part,research conclusion and research enlightenment.Through the second part of the legal analysis of the focus of the case,the conclusion of the treatment of the focus of the dispute.In other words,the government’s "Letter of Commitment" meets the four requirements of "power","name","responsibility" and "promise" at the same time,and the government’s "Letter of Commitment" notifies the counterpart and does not fall into the invalid situation.The government "commitment letter" with illegal contents needs to determine its effectiveness after weighing interests according to the specific situation of the case;The effectiveness of the government’s "commitment letter" is affected by the different types of effectiveness of the administrative act of exercising the right of administrative advantage.Therefore,this paper concludes the research enlightenment of improving the rules and regulations of the government commitment behavior and strengthening the supervision of the government’s commitment behavior.