The First Study On Administrative Agreement

The administrative agreement is that the administrative organs that does not subordinate mutually take common administrative acts on the basis of their consistent meaning for administrative target,which need for the administrative affair or the cooperation.The administrative agreement belongs to one kind of equivalent public law contract because of the agreement litigants are the equality,simultaneously,the administrative agreement is the administrative organs deal with internal affair of administration system,in addition the administrative agreement has the legal effect outward indirectly,therefore the administrative agreement must belong to category of the administrative internal action and the administrative abstract action.The administrative organs sign the administrative agreement not only for concrete administrative affair but also for the different regional cooperation,therefore the administrative affair agreement and the administrative regional cooperative agreement are the administrative agreement basic categories.Through to inspect the abroad administrative agreement related system and analysis the situation of the administrative agreement in our country,the administrative agreement should be rule by law is the administrative agreement development inevitable trend.In the administrative agreement rule by law's way choice,must adopt the method which"the principle dominate"and"the rule control"advances in unison.The administrative agreement as the administrative action should be guided by the basic principle of administrative law,such as administration by law and due-process,so on legal, in addition,the administrative agreement as contract action should be guided by the principle of private law,such as principle of contract freedom,principle of bona fide and principle of changed circumstance.As a result of the principle of law own characteristic's limit,"the rule control"was still first choice in the way of the administrative agreement rule by law,the administrative agreement should be regulated by the rules of the administrative substantive law and the administrative procedural law,even may also by the rules of the private law when administrative law's rule vacancy.Under the administration agreement dispute is inevitable situation,ought to structure the administration agreement dispute diversifying resolving mechanism,based on improve the mechanism of administrative judgment,Through the method of administrative ADR and the institution lawsuit to resolving the administrative agreement dispute.