Research On Trial Practices About Disputes Of The Administrative Agreement

This paper research judicial determination about administrative agreement by analyzing effective judicial documents.There are three distinguish standards of administrative agreement,including contract purpose,the unequal status of contracting parties,and one party must be administrative subject.The administrative agreement disputes are different from general administrative litigation cases in terms of prosecution duration,burden of proof,litigation costs.In the aspect of substantive problems,the main basis to judge whether the administrative agreement is invalid is Article 52,paragraph 5 of the Contract Law.Violation of the mandatory provisions of laws under the administrative rules may lead to invalid,because it may comply with the provisions of Article 52,paragraph 4 of the Contract Law.Lack of basis can also lead to invalid,which is the result of conforming to "administrative procedural law" of article 75.The way to confirm that the administrative agreement is effective in judicial practice is lack of invalid situations.Plaintiffs sue for canceling administrative agreement always based on fraud,coercion or unfair,while the courts generally determine it in accordance with the provisions of Articles 54 and 55 of the Contract Law,and most cases are not supported by the courts on the grounds that they exceed the one-year exclusion period.Judges always apply civil legal norms for damages.And most cases involve the compensation of loss of interest.