The Remedy Way Of Administrative Organ In Administrative Agreement

The administrative agreement is an important manifestation of the administrative function transformation,and it is an important means to realize the civilized administration of the government ruled by law.The previous Chinese legislation did not explicitly stipulate the administrative agreement,so in the theory and practice of the administrative agreement lawsuit,the civil law and the administrative law circle always had the dispute of the portal.The revised administrative procedure law formally incorporates administrative agreements into the scope of the administrative proceedings.However,the current legislation is not clear about how to take relief measures when the administrative organs are confronted with the default of the administrative counterpart,which is a new problem that both theory and practice cannot be bypassed.In view of this,this article will begin to conduct a discussion.This article mainly from the characteristics of the administrative agreement and the present situation of the breach of administrative counterpart and the legislative omission,to explore the necessity of administrative organs' relief right and feasible relief rules,to improve our administrative organs faced with the administrative counterpart of the relief path when the default attempt to put forward some suggestions.First of all,the paper suggests that we should improve from the source.That is to improve the legislation.The administrative Procedure law should be supplemented to express the breaching contract behavior of the administrative counterpart in the legislation,and to clarify its liability for breach of contract.At the same time,it can expedite the enactment of the Administrative Procedure Act,make clear the basic system of the establishment standard of administrative agreement,the right disposition,and the relief path and so on,and guarantee the procedure norm of administrative agreement.There may also be a number of administrative regulations,in order to deal with the dual nature of administrative agreements to make special provisions.Second,to standardize the system,to refine the administrative organs through the mode of non-litigation and compulsory relief of specific rules,the court shall conduct an open hearing and listen to the views of both parties in the process of non-litigation execution of Administrative agreement,and conduct an investigation into the legality of the administrative agreement,the contractual nature and the performance of the agreement.Third,the bold innovation,in dealing with civil contract disputes,some practical experience and the advanced practice of extraterritorial law system are applied to mediation of administrative agreement disputes,such as the mediation system is popularized and applied in the procedure of Administrative Agreement,the notarial system is flexibly applied in the dispute of administrative agreement,so as to form multiple resultant forces and resolve administrative disputes to the greatest extent.