优化营商环境背景下行政允诺的法律应对

Optimize the legal response of administrative promises in the background of the business activities

行政允诺虽已被最高人民法院确定为二级案由,但在其法律性质认定方面却处于模糊状态,以致其难以与其他行政行为相互区分。以优化营商环境背景之下的招商引资为视角,在行政行为成熟理论的支撑下将行政允诺中各阶段不再割裂看待,而是置于整体之中,从而认定为一种动态的行政行为。为避免行政允诺的内部构造混乱对相关利益产生冲击,行政允诺应以书面形式存在,允诺的职权须以权力清单为本,内容则要符合法律法规,以及政策的规定。

Although the administrative promise has been identified as a secondary case by the Supreme People’s Court,it is in a vague state in its legal nature identification,so it is difficult to distinguish it with other administrative actions.From the perspective of optimizing the investment promotion under the background of the business environment,under the support of the maturity theory of administrative behavior,the administrative promise is no longer split and viewed,but is placed in the whole,so as a dynamic administrative behavior Essence In order to avoid the impact of the internal structural chaos of administrative promises,the administrative promise should exist in writing,and the promised power must be based on the list of power,and the content must comply with laws and regulations,as well as policies.