On the Determination of the Inaction of Administrative Commitment and Judicial Relief
XING Hong-fei;HUANG Li-miao;
Administrative commitment is a kind of administrative behavior. Inaction of administrative commitment is illegal and should be punished by law. Although there is no clear regulation on the rights and interests of citizens infringed on by inaction of administrative commitments, the legal remedies for the inaction of administrative commitments are the common needs of the development of theory and practice. In practice, there are different forms of administrative commitment, and identifying the obligation of the administrative entity to fulfill its promise is a prerequisite for identifying the inaction of administrative commitment. Only when the administrative subject is responsible for and able to fulfill the promises but refuse to, an inaction of administrative commitment is constituted. The most effective remedy for the damage suffered by administrative counterparts due to the inaction of administrative commitment is judicial relief. In judicial remedies, we should boldly innovate the litigation methods and make useful explorations in light of the current judicial situation in China.