The Judgment Of The Administrative Agreement’s Validity

In recent years, the administrative agreement has been widely using in the field of public administration in our country. It can not only enrich the means of public administration, but also improve the efficiency of administration, reduce the administrative costs, and enhance the negotiation and cooperation between the government and people. In 2015, the new modification of administrative procedure law brings administrative agreement disputes into the scope of accepting cases of administrative litigation, the administrative agreement disputes draw the theorists and practical departments’ attention about the problem of the legal system of administrative agreement. Current theoretical study of administrative agreement focuses on contract idea, conception, system construction, but this thesis focuses on a macro level—the validity of the agreement. This thesis is divided into four parts to study and discuss the effectiveness of the administrative agreement in detail.The first part holds that the validity of the administrative agreement is the basis and core in the administrative agreement system. Firstly, by two typical administrative agreement cases to point out that the cases in the courts should first be considered whether exist the administrative legal relationship, and the administrative agreement is legal or not, and then consider how to solute the dispute in the implementation of the agreement, such as perform, change, or cancel. Therefore, the judgment of the validity is the foundation of administrative agreement to solve the dispute.The second part mainly analyzes the nature of administrative agreement in detail. First of all, having a preliminary understanding of the characteristics of the administrative agreement. Secondly, further to explore the dual attributes of executive administration and the contract agreement, from three aspects to understand the uniqueness of administrative agreement, such as public interests and private interests, power and rights, equality and inequality. In conclude, the administrative agreement has the same contractual attribute to the civil contract, but it also has executive nature, which is different from the civil contract. Finally, by comparing with civil contract and unilateral administrative behavior to know the differences and similarities between each other directly.The third part comprehensively and concretely discusses the determination of the validity of the administrative agreement. In the first place, based on the particularity of the administrative agreement, to discuss which rules of law can be applied, and put forward my point of view that applying administrative rules of law as the principle, and referring to some rules of civil law. Secondly, through a diagram to understand the current situation in the courts at all levels in our country about the validity of administrative issues. And to build the standard of valid administrative agreement from the aspects of main body, procedure, content and intention, on the basis of the practice of the effectiveness of administrative agreement in combination with other countries and regions. Finally, I discuss the flaw situation in the effectiveness of the administrative agreement, and analyze possible invalid situations, which currently and generally existing in the judicial practices.The fourth part summarizes the main idea of the full text. This thesis holds that it is necessary to have a comprehensive consideration before solving the problem of the judgment of the administrative agreement’s validity. Firstly, It is important to know the factors that influence the administrative agreement’s validity, and to construct the standard of an effective administrative agreement. Secondly, Clarifying the possible severability problem after the administrative agreement is illegal, such as void and invalid. Thirdly, the rules of the judgment of validity are given priority to the rules of administrative law, and then refer to part of the civil law rules. Finally, the author believes that as long as the theorists and the practice do more research in the administrative agreement system, the rules of the judgment of administrative agreement’s validity will be more perfect, and the disputes of the administrative agreement can be solved more reasonable.