Judicial Review Of Invalid Administrative Agreements Under The New Administrative Litigation Law

Since the implementation of the new Administrative Procedure Law in 2015,the judicial disputes triggered by administrative agreements have sharply increased in administrative adjudication.However,the Administrative Procedure Law and the subsequent two judicial interpretations do not explain the effectiveness of the administrative agreement,but in practice there are a large number of cases where the administrative agreement is ineffective as a point of dispute.Therefore,the related issues become the research of this article the key of.Therefore,the judicial review of invalidation of administrative agreement after two years of administrative trial practice,to provide the academic community a wealth of research material.This article starts with the vague points stipulated in the substantive law that confirms the invalid judgment in judicial practice,and starts with the specific cases of invalid cases in the light of the relevant cases within two years,and then analyzes the path of judicial review and gradually depicts the general outline of this fuzzy point.It is more clearly demonstrated in front of legal people.Then by comparing the advantages and disadvantages of each path,combined with logical self-consistency,the matching degree with the existing real law and the feasibility of the program,we draw a conclusion that the invalidation is limited by the unified major and obvious criteria,and the administrative agreement is invalidated The judicial review into the unified system of the entire administrative law,and gives the corresponding judicial interpretation of the provisions of the design.This article summarizes the judicial documents related to the articles in the judicial practice within two years after the implementation of the new law,and attempts to provide a way for the judges and judges in the administrative trial to give a convincing judicial judgment to truly solve such disputes.At the same time,this article attempts to enhance the explanatory power and logical consistency of the administrative procedure law system,so as to provide reference for the specific judicial interpretation of the forthcoming administrative agreement.