Research On Administrative Agreement Litigation In China

The administrative agreement was implemented in 2015 in the "Administrative Litigation Law of the people's Republic of China" to incorporate the scope of administrative litigation cases,And the 1989 edition did not make relevant provisions on the content of the administrative agreement,so this change has caused a lot of controversy,and at the same time,many problems have arisen,including the connection between the legal provisions and the judicial practice.This involves the main theme of this article-the problems and solutions in the administrative agreement lawsuit in China.This paper is divided into four parts:The first part mainly expounds the background of the emergence of administrative agreement,including two small parts-China and western countries.Before we can study a problem in depth,we must have an accurate orientation and understand the background of its emergence.So that we can find its origin from the background of the generation,so as to better determine its characteristics.The second part is mainly based on the historical background of the first part to explain the basic theory of administrative agreement in China,including the basic characteristics and the comparative analysis of administrative agreement and civil contract,from which to find the basic characteristics of administrative agreement,so as to explore its essence.Then according to the characteristics of civil contracts,compare the characteristics of the two different agreements to continue to study the following issues.The third part mainly expounds the problems existing in the lawsuit of our country's administrative agreement,mainly includes three big questions,the first question is that the judicial judgment standard of our country's administrative agreement is vague,Based on the analysis of the second part,this paper studies the judicial judgment standard of administrative agreement and civil contract,the second problem is to study the scope of plaintiff qualification in administrative agreement litigation in our country.The third question is to study the judgment method of administrative agreement litigation in our country,and to introduce the above three problems by analyzing the cases in judicial practice.The fourth part mainly elaborates the solution to problem of the administrative agreement lawsuit in our country.Based on the three major problems of the third part,it gives three measures,including defining the judicial judgment standard of the administrative agreement of our country.Widen the scope of plaintiff's qualification in administrative agreement litigation in our country and perfect the judgment mode of administrative agreement litigation in our country.