Research On The Judicial Review System Of Administrative Agreement

From emphasizing the construction of government under the rule of law,which is scientific function,law-abiding and honest,to the 19 th National Congress of the Communist Party of China putting forward building the rule of law system of socialism with Chinese characteristics and socialist country under the rule of law clearly,governments at all levels in China are actively responding to the party's call and changing the way of administrative management.The administrative agreement is favored by the government for its increasingly prominent position.The widespread use of administrative agreements has brought about a growing number of disputes over administrative agreements,and how to better solve the dispute of administrative agreement has been an urgent problem to be solved by the government and the court.The newly amended Law of Executive Accusation has brought the administrative agreement into the administrative proceedings,which provides a clear remedy for the settlement of administrative agreement disputes.But the administrative agreement is the existence of a new thing,so some legal systems of administrative agreement are absent or inadequate.In the case of administrative agreement disputes,the people's court still has some problems,such as the unclear standard of examination,the fuzzy application of the law and so on.The law does not fully enumerate the scope of the administrative agreement that can be litigious,which makes it difficult to accurately grasp the scope of the administrative agreement in the judicial practice.At the same time,the jurisdiction of the administrative dispute cases,the qualification of the plaintiff,the conditions of the prosecution,the way of judgment and so on need to be further clarified.It is hoped that before the National People's Congress and its Standing Committee making a special and feasible administrative agreement law,the Supreme People's court may first formulate Guidance Opinions on judicial review of administrative agreement litigation and make a comprehensive provision for the judicial application standards,review standards,plaintiff qualifications,prosecution conditions and judgement forms of judicial review of administrative agreement litigation.It can let the court has the law to follow in the case of administrative agreement disputes,so the judicial review system of administrative agreement can be perfected continuously and better play the role of administrative agreement in the field of administrative management in the future.