Research On Judicial Review Of Administrative Promise

With the rise of the concept of social service and the establishment of service-oriented and honest government,the application of administrative promise plays an increasingly important function.It acts an irreplaceable role in giving full play to the advantages of government functions,realizing the objectives of administrative management and resolving disputes.However,because the research on administrative promise is not deep in theory and the legislation is not perfect in practice,the administrative organs make illegal promise or do not fulfill the promise,and the judicial organs in the review of the lack of review basis,insufficient relief and other problems.Therefore,the research on it is helpful to dissolve the disputes of administrative promissory and force the perfection of administrative promissory system and build a government in accordance with the law and in good faith and the government of service.Starting from the basic theories of judicial review of administrative commitment,this paper explains administrative promise and judicial review respectively.Chapter 1introduces the theory of administrative commitment,discusses the connotation of administrative commitment,extension,classification and legal basis of administrative promise,and makes it clear that the research object of this paper is the administrative promise made in the form of normative documents.Next,the meaning and value of judicial review are discussed.The second chapter introduces the current situation of judicial review,the existing problems and the reasons behind the analysis.The problems mainly include unclear object of judicial review,the content of review is confused,the limit of judgment is inconsistent and the remedy of the right of the counterpart is insufficient.The reasons for the existence include the investigation of the legislative status quo through the provisions of the existing legal documents,and the discovery that the lack of administrative promise of legal norms is the root cause of existence,and the lack of standard logic of judicial review and the weak strength of judgment relief.The last two chapters are the improvement suggestions for the above problems.In the third chapter,the examination method of "two-level judgment structure" is established in terms of the object and content of the examination to see whether there is a specific legal the relationship between administrative commitments organ and the specific counterpart,including the examination of the promissory behavior in the form of normative documents.No matter whether the counterpart initiates the incidental examination,the court has the responsibility to examine the normative documents on its own initiative.The subject authority,content,procedure and reasonableness of the promise are examined respectively.Secondly,the response behavior of the counterpart is examined from the aspects of legality,substance and practical significance.On the basis of the legal relationship of commitment,review specific performance administrative organ,including the examination of the source of the performance of the obligation,the specific performance situation and whether there is a reason for the failure to perform.The fourth chapter is aimed at the judgment and relief aspects,the judicial review of the judgment of the integration of ideas,first clear pluralistic types of judgment,discussed the rejection of litigation claims,performance of payment,cancellation,confirmation and change of the application of judgment;Secondly,strengthen the protection of relative rights,including the implementation of the judgment,compensation for losses;Finally try to introduce mediation mechanism.