Research On The Litigation System Of Administrative Agreement

At present,China is in a period of social transformation,the administrative organs of the management mode is also changing.Under such background,the administrative agreement as a kind of new thing rapid development,and in many fields has played a huge role.Although administrative agreement as an important administrative means in the administrative organs of a large number of applications,but the administrative agreement of the dispute settlement mechanism has not been developed.China's academic research on the administrative agreement is lagging behind,the legislation is also relatively slow,and by the impact of civil proceedings,administrative disputes in the judicial practice is often used as a civil case in the court for trial.A large number of administrative agreements because of unclear definition,and because of the administrative litigation system is not perfect,the results of administrative agreement litigation cases caused many disputes.In order to improve the administrative agreement litigation and reduce the administrative litigation dispute,it is necessary to improve the administrative litigation system.Administrative agreement has become an important part of administrative law in the continental law system.The administrative agreement can be said to be a kind of new mode of the administrative organ's daily management of the social life.In 2015,the definition of administrative agreement was defined by the judicial interpretation of administrative procedure law.It is the further enrichment and perfection of the administrative law theory system.It also determines the way to solve the disputes of administrative agreement,and ensures the realization of the rights of the parties.As a new way of administrative management,administrative agreement has already shown a very important role in the national construction.The administrative agreement now appear in our administrative management,litigation cases will be related to the court a lot.The so-called administrative litigation agreement,is refers to the opposite party of the agreement that the administrative organs in the process of performing the administrative agreement,not in accordance with the agreement to fulfill the requirements,or the unilateral change and cancellation of the agreement so that the administrative relative party agreement damaged rights,asking the court ruling activities.The agreement of administrative litigation and the civil litigation is different,because the administrative behavior characteristics with agreement and the phase difference and the civil contract,administrative litigation agreement is to solve the legal relationship between the administrative organ and the administrative relative person,it will be a kind of litigation in administrative litigation.Through the research on the administrative agreement litigation system of France,Germany and other countries of continental law system and Anglo American law system,the special nature of administrative agreement is understood.We should learn from developed countries mature litigation administrative agreement from the experience,combined with our present situation,put forward some suggestions on perfecting the administrative litigation in our country: the agreement on the scope of administrative agreement should be further clarified,type,perfect the administrative litigation agreement in the original defendant,distribution rules of burden of proof,legal review and the validity of contracts on the administrative agreement,the administrative organ can be used as the protocol of administrative litigation plaintiff can,under certain circumstances of the agreement the other party litigation.From the introduction of perfecting the administrative agreement of mediation system,reconciliation system,improving administrative compensation legal system,administrative litigation agreement of principles of the civil law and puts forward some suggestions on how to solve the administrative litigation agreement.