On The Relief Mechanism Of Administration Contract Disputes In China

The administrative agreement is a special administrative act,which is different from the specific administrative act and the civil action.The revision of the new administrative procedure law in 2015 shows the establishment of China’s administrative agreement system and plays an active role in promoting the development of China’s market economy.Through the study found that at present our country there is no unified standard about definition of administrative agreement,administrative agreement under the system of administrative action is difficult to find the right attribution,to clear up the problem is the premise and necessary condition of administrative agreement to solve the dispute.When the administrative agreement is applied to the real life,there will still be a series of disputes.At this time,we will find that the remedy of administrative agreement is not perfect.In the case of litigation settlement of disputes,the scope of our case is too vague to exclude the disputes of some administrative agreements.It is very unreasonable for many judges to bring administrative agreement cases into civil procedure in practice.At present,the main existing scope of accepting cases system of administrative agreement is difficult to grasp,effectiveness review pursuant to the old and the new method is controversial,retrospective cohesion is controversial,the administrative organ shall not be entitled to Sue,the burden of proof with unidirectional problems,can administrative agreement inconclusive whether arbitration,administrative reconsideration problem such as inconclusive.Of academic point of view in this paper,through the combing and analysis of the latest practice carefully analyzes the problems existing in the current case,and connecting with the outside of the related research,hope to explore the administrative agreement dispute solution.