| The administrative agreement judgment is the key point to resolve the administrative agreement dispute,implement the trial practice work,and maintain social fairness and justice.Therefore,it is particularly important to determine whether the type of judgment is perfect and whether it meets the needs of practice.Although the new Administrative Procedure Law separately stipulates the types of judgments in administrative agreement cases,it does not meet the needs of complex and volatile realities.Therefore,it is necessary to improve the types of judgments of administrative agreements from an empirical perspective.In addition to the introduction and conclusion,this article is divided into four parts.The first part analyzes the connotation and extension of the types of administrative agreement judgments from three aspects: the concept and value of the types of administrative agreements and administrative agreements,and the types of judgments of administrative agreements.It lays the foundation for the following writing.The second part conducts an empirical analysis of the types of administrative agreement judgments.Firstly,according to the legal provisions,the legislative content of the types of judgments is analyzed.Secondly,the data will be analyzed from the case searched by Wusong.The application of each judgment type in practice will be summarized.The third part combines legislation and practice,and analyzes that there are problems in the current administrative agreement judgments that the trial principle is not clear,the types of judgments are not perfect,and the types of judgments are insufficient to meet the needs of dispute resolution.The fourth part puts forward suggestions for perfecting the judgment method of China’s administrative agreement.The court shall uphold the principles of reasonableness,legality and contractual review when trying administrative agreements.Clearly confirm the type of judgment in which the effective judgment and the performance judgment are the first order,clarify the combination of the remediation judgment and the compensation judgment,and improve the application of the dismissal judgment,the revocation judgment,and the remediation judgment.It is suggested that a supplementary judgment should be added to deal with administrative agreement cases with minor illegal procedures,and additional injunctions should be added to prevent future infringements of the administrative organs,and additional judgments should be established to resolve disputes in administrative agreements. |
