On Judicial Review Of Administrative Agreement

Along with the advance of social economy, the administrative agreement cases also gradually increased, after years of domestic scholars to discuss the new "administrative procedural law" has joined the administrative rules of the agreement, this new type of management style be put back on track, to a certain extent promote the development of democratic politics, but administrative organs after sign the agreement with the other party, how to ensure the legality of administrative agreement, how to safeguard the legitimate rights and interests of the parties, how to ensure the realization of the interests of the public has become the urgent problem, and didn’t get the answer this in law. In the process of administrative agreement, if appear contrary to the situation of the public interests, the administrative organ to prior right within a certain standard and limit, the administrative organs of the self supervision is not enough to prevent abuse of the situation, the judicial organs as independent of administrative agreement the parties of a third party, judicial process fair and open, ensure implementation by national force trial results, to a certain extent, prevent the abuse of prior right in administrative, to power supervision, safeguard the legitimate rights and interests of the other party, but the administrative agreement system of judicial review has not yet formed a complete theoretical system, the provisions of the relevant administrative agreement also referring to the laws and regulations, the supreme people’s court on the applicable< administrative procedure law of the People’s Republic of China>, the explanation of some issues of the concept of administrative agreement, scope of accepting cases, the application of law, sentence form, as well as the corresponding on the rules, but in practice the administrative agreement cases qualitative also varied, often confusion, the result of the court is also very different, therefore, the perfection of administrative agreement system of judicial review is around the corner, only perfect the system of judicial review, the development of the administrative agreement is not deviating from the orbit, executive power can be controlled, the other party’s legitimate rights and interests can be guaranteed. The author combed the magic weapon of Peking University in 2014 to the present administrative agreement cases, with a new "administrative procedural law" the implementation of the time to make a contrast to watershed forms, lists typical cases, summarizes different before and after the administrative procedure law, in order to more clearly see the change of administrative agreement cases. On the basis of the empirical analysis the author of administrative agreement system of judicial review from eight aspects were analyzed. First of all, the first part mainly analyzes judicial review of administrative agreement the plaintiff qualifications, the paper agreement from the other party, the administrative organ and the interested party three aspects to discuss. The second part is the study of the plaintiffs prosecution reasons, administrative agreement is not written into law before for varied, after the introduction of new administrative litigation law, the parties may, in accordance with what reason to file a lawsuit, is the focus of this section analysis. In the third part the author discusses the scope of accepting cases of administrative agreement, it has a specific stipulation in the judicial interpretation, but the scope of accepting cases is still relatively narrow law, the author based on the analysis of the current laws and cases in this part puts forward some Suggestions about the standards of accepting cases. The fourth part of the applicable law is the main content of the people’s court for what kind of law case, the author through case analysis contrast before and after the new administrative procedure law applicable law, analysis the new enactment of the administrative procedure law court case. In the fifth part, the author combined with administrative and contract for judicial review of administrative agreement of the imputation principles of its recommendations. Due to the characteristics of the administrative agreement, the author in the sixth part advised according to review the content of the reasonable allocation of the burden of proof, complete according to "the defendant bear the burden of proof" does not meet the development of administrative agreement. Seventh part relevant sentence forms, the author combined with cases of nearly two years the verdict and sentence form prescribed in the judicial interpretation, on the sentence form the current administrative agreement cases, observes. In the last section the author mentioned in the introduction of mediation system suggestion, hope to a certain extent, alleviate the pressure of the judicial review, improve the efficiency of the solution of the administrative agreement cases.