Research On Legislation And Judicial Practice Of Administrative Agreement System

The administrative agreement system weakened the management and management of the traditional administrative law,added the spirit of the contract of administrative law,enriched the administrative means of administration,catalyzed the change of administrative law enforcement concept,and responded well to the wave and welfare of administrative privatization National construction needs.However,combined with the status of our legislation and judicial practice,there are still many problems.This paper focuses on taking the empirical research method,paying more attention to the problem of the practical side,analyzing the administrative agreement legislation and the judicial precedent,and through the empirical research,this paper analyzes the current situation of the administrative agreement,From multiple levels,multi-angle to the discovery and development of administrative agreement system.The full text is divided into five parts:The first part is about the basis of administrative agreement.This paper makes an empirical analysis on the conceptual terms of administrative agreement and the judicial practice.After the concept of unified administrative agreement,the concept and connotation of administrative agreement are further analyzed,which is carried out from two perspectives of legislative and judicial practice respectively Analysis,contrast,in order to find the general meaning of administrative agreement.The second part is about the administrative agreement in the practice of life and in the scope of the application.Through the current laws and local government laws and regulations of the search,and then classification,induction,found in the practice of administrative agreement in the scope of application.On the basis of this comparative study,this paper reconsiders and summarizes the current legislation of the administrative agreement system in China.The third part is about the scope of judicial review of administrative agreement.Through the legislative and judicial practice,the author compares the scope of the administrative agreement dispute in the judicial practice with the legislative provisions,and observes the judicial practice in the administrative agreement on the scope of judicial review and other issues.The fourth part is based on the before three parts of the synthesis,summed up the development of administrative agreement macro systematization,micro-refinement and response to practical needs of the trend,and its existing problems to conduct a specific analysis and demonstration,focusing on administrative agreement The conclusion of the main body qualification,the development process of the family planning agreement and the conclusion of the administrative agreement.The fifth part of the summary and methodology of the revelation is based on the first four parts.Through the administrative agreement concept language,identified standards,scope of application,judicial review and other issues of empirical research for theoretical research,improve the legislative proposals and development of their own direction.