Study On The Validity Of Administrative Agreement

Administrative agreement as a basic way of public governance in our country has been quite a long time,although the newly revised "administrative procedural law" provisions of the "administrative agreement" belongs to the scope of accepting cases of administrative litigation,but the effectiveness of the relevant administrative agreement,review principle in the new "administrative procedural law" and judicial interpretation does not make clear a regulation.The lack of standardized legal standards,easy to cause the differences of sentence,on the basis of this paper on how to determine the nature of the administrative agreement is analyzed,and the main study over the effectiveness of the administrative agreement,mainly divided into the following several parts:First of all,through the analysis of typical cases,the author sums up the two controversies that exist in the trial process,namely,first,to judge "what kind of agreement is an administrative agreement".Second,"how to judge whether an administrative agreement is effective".Secondly,the thesis analyzes the particularity of the subject of administrative agreement,the duality of content and the inequality of rights.On the basis of determining the nature of the administrative agreement,the authordiscriminates the validity of the administrative agreement through three aspects: whether the subject is suitable,the content and the form are legal.Finally,the author puts forward some Suggestions on the non-standard judgment of the effectiveness of the administrative agreement in the judicial trial,namely,the principle of legal review and the principle of balance of interests.Adhere to the administrative legal norms,the civil law is the auxiliary;Further clarify the burden of proof.