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Comment On The Administrative Agreement Case Of Ms.Tang Sued The Housing Levy Compensation Center

Posted on:2018-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:J RenFull Text:PDF
GTID:2336330515460817Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the administrative agreement has been widely used in the field of public administration in our country.It not only enriches the means of public administration,but also improves the administrative efficiency,reduces the administrative cost and promotes the consultation and cooperation between the government and the people.With the newly revised Administrative Litigation Law in 2015,the administrative agreement disputes are included in the scope of administrative litigation,and the administrative agreement disputes entering the court are more and more.At present,the courts face the lack of specific theories and rules in the case of administrative agreement cases problem.The effect of the administrative agreement on the administrative agreement is to solve the administrative agreement litigation case premise and foundation,judicial practice alone to confirm the administrative agreement invalid cases are more and more,this article in this realistic context to explore the effectiveness of administrative agreement litigation Censorship system,because the administrative agreement both the characteristics of public law and private law,so the effectiveness of the relevant administrative agreement can not copy the effectiveness of administrative action theory,can not copy the effectiveness of the contract theory,and academic and business studies are not detailed enough comprehensive.This article is divided into four chapters on the administrative agreement litigation in the effectiveness of the review system to explore.The first chapter briefly explains the purpose and significance of the topic,summarizes the concept and characteristics of the administrative agreement,and explains the main research methods and research contents of this paper.The second chapter introduces the main cases of the case of the case of confirmation of the ineffectiveness of the administrative agreement and the court decision.In the third chapter,by analyzing the controversial focus of the case,it analyzes whether the party as a non-administrative agreement is a qualified plaintiff and whether it can raise the question of the invalidation of the administrative agreement alone,and discusses the legal and applicable laws in our judicial practice.The basis of the case.The fourth chapter analyzes the perfect mode of the administrative law of administrative agreement in our country and enriches the specific criteria for judging the invalidation of administrative agreement.
Keywords/Search Tags:Administrative agreement, administrative contract, judicial review, invalid
PDF Full Text Request
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