Research On Administrative Agreement Litigation Issues

Although the administrative contract has been a long time and a lot of use in our administration practice,and the theoretical research on the administrative contract has been quite rich,but only in November 2014 when the Administrative Procedure Law amendment was the first time the administrative agreement case into the scope of administrative litigation.Administrative agreement is different from the administrative body unilaterally made administrative acts,the rules of its hearing and referee are also different.however,the newly revised Administrative Procedure Law only provides for the principle of the verdict of administrative cases and administrative agreement cases,the trial rules of the administrative agreement cases did not make special provisions,and there are many problems in understanding and applying the provisions of the scope of the case and the way of judgment.Therefore,this paper studies the related issues of administrative agreement litigation in order to promote the construction and perfection of judgment system of the administrative agreement.In addition to the introduction and conclusion,this paper is divided into five chapters.The first chapter discusses the connotation and scope of administrative agreement,the practical application and legalization process in China and the necessity of including it in administrative litigation,It is considered that the implementation of the free teacher training agreement,the civil service appointment agreement and the enforcement of the settlement agreement in administrative enforcement are within the scope of the administrative agreement.The second chapter discusses the scope of the case of administrative agreement,pointing out the relative person default,the effectiveness of the agreement and the administrative compensation dispute is also the case of administrative agreement case,At the same time,it analyzes and summarizes the case of litigation in the perspective of litigation type.The third chapter,based on the nature of the administrative agreement is a composite behavior,respectively,the administrative agreement itself and the administrative body unilateral exercise the change or the lifting of the act as a reviewobject,clear the respective review criteria.Chapter four and Chapter five discuss the construction of the rules system of the administrative agreement cases.Drawing on the rules of the two types of litigation,introduced the system of limitation of action and who claims that the burden of proof system of civil litigation;The dispute arising from administrative subject change or lift of the act also applies to the traditional administrative litigation in the revocation of the decision and change the decision.