Study On Review Standards Of Administrative Agreement Case

In 2015,the Administrative Litigation Law brought the administrative agreement into the scope of the administrative litigation cases with limited caution.And has made the special judgment stipulation to it,henceforth the administrative agreement status "legalized",entered the administrative lawsuit domain perfectly.Administrative agreement not only has the function of public power but also has the content of negotiation.It is a pity,Its complexity doomed judicial review to be different from administrative behavior and can not apply civil rules intact.In 2018,the Supreme people's Court interpretation of the Application of the Administrative procedure Law not only annulled the first two judicial interpretations,but also made no specific provisions on the administrative agreement.However,the scope of administrative agreement cases and the way of judgment are only generally stipulated in the Administrative procedure Law.The absence of legislation to review the standard causes the judges to apply different standards when dealing with administrative agreement cases.It leads to the unfair phenomenon of different judgments in the same case in the administrative trial.It is the most important issue for the court to conduct judicial review to clarify the identification standard of administrative agreement and the object of litigation and examination of administrative agreement case.In addition,defining the basis,standards and consequences of judicial review of administrative agreement cases can provide a basis for judges to rationalize their choice of adjudication mode,so as to link the review standard with the judgment mode.In order to help the judicial practice to choose the appropriate way to resolve disputes.Taking the nature and object of administrative agreement as the starting point,this paper makes a systematic study on the legality,rationality and contractual standards of judicial review of administrative agreement cases in combination with administrative trial cases.At the same time,the binding force of rule of law in judicial review is analyzed.Finally,based on different examination standards of administrative agreement cases,suggestions for rationalization of administrative agreement cases are put forward.Based on the above research,this paper tries to clarify the review standard of administrative agreement cases,and provide theoretical support for the gap of review and the lack of judgment mode in the connection between the review standard and the judgment mode.In addition to the introduction and conclusion,this paper consists of the following four parts:The first part: analysis of the Identification Standard and scope of Administrative Agreement cases.Firstly,the rationality of the administrative agreement identification standard and the existing problems are analyzed and summarized,and then the determination standard of the scope of the administrative agreement case is analyzed and generalized based on the provisions of the Administrative procedure Law 12 th.Finally,through the comparative analysis and research with the theory of civil procedure law,combined with the trial cases of administrative agreement cases,this paper analyzes the procedural object and litigation object of administrative agreement cases.The second part: the analysis of the judicial review standards of administrative agreement cases.Based on the basis of legality examination,this paper analyzes the legality and legal effect of administrative agreement from five elements: the subject,the expression of will,the content,the procedure and the form.Taking the principle of proportionality as the core,this paper analyzes the standard and basis of the rationality review of administrative agreement cases.Referring to the civil procedure law and civil law,the contract and its legal effects are studied in accordance with the particularity of the administrative agreement cases,and the standard of contract examination is put forward.The third part: Taking the basic requirements of the principle of administration according to law as the starting point,this paper analyzes the binding force of the principle of legal reservation in the judicial review of administrative agreement cases.Based on the judgment of the legitimacy of the administrative agreement,the corresponding relationship between the legality and the validity of the administrative agreement is analyzed.The relationship between the legitimacy of such administrative act and the effectiveness of administrative agreement is analyzed according to the administrative actions related to administrative agreements and other administrative acts in signing and performing.The forth part : This paper probes into the rational choice of judgment mode based on the standard of administrative agreement review.Based on the 78 th articles of the Administrative procedure Law,this paper distinguishes between the direct application and the selective application of administrative agreement cases.Combined with the standard of examination,this paper discusses the legal elements that continue to fulfill the judgment,take remedial measures,compensate the judgment and compensate the judgment in the administrative trial.discusses the possibility of rescission of judgment,confirmation of illegal judgment,modification of judgment,confirmation of application of invalid judgment to differentstandards of review,discussion of the lack of judgment mode in the correspondence between review standard and judgment mode;And put forward the legislation perfect suggestion to the current judgment way vacancy.