The Legality Of Administrative Agreement To Determine Standard And Type

in the recent administrative practice,as a new type of state governance,Administrative agreement is widely used.In view of the current administrative practice,the administrative agreement is already in full swing in the administrative level,Administrative agreement has become one of the indispensable means of government management.Although the Supreme People's Court "on the application of the”People's Republic of China Administrative Procedure Law,"a number of issues explained Article 11 of the administrative agreement has been defined and enumerated,but still not on the administrative agreement to determine the criteria for a clear standard.Through the existing practice of judicial practice and the theory of the theory of combing and found that the administrative agreement to determine the criteria still exist to fill the space,and the administrative agreement itself is inseparable from the complexity and diversity.At present,the criteria for judging the administrative agreement include six major theories,namely,”single standard theory" and "comprehensive standard theory".Each theory has its own advantages and disadvantages.Judicial practice judges use these theories There are also their own preferences and tendencies,which may lead to the situation in the face of similar or even the same case,there are completely different conclusions,not only is not conducive to the unity of judicial practice,but also detrimental to the authority of the legal establishment.Therefore,it is necessary to establish a more scientific and rational unified administrative agreement judgment standard.The establishment of the administrative agreement to determine the criteria need to go through "from the local judicial practice","economic principles" and "operational standards" test.In a variety of doctrine theory,the most able to reflect the triple test standard is the"subject-purpose" two levels that not only give the judge a clear rules of operation,saving judicial efficiency,but also to ensure the correctness of the results,Can be widely applied to the scientific standards.