Study On The Judicial Relief Of The Rights And Interests Of The Third Party In Administrative Agreement

With the rise of modern administrative concepts such as welfare state and service-oriented government,citizens are increasingly enthusiastic about participating in public management,and new administrative methods such as administrative agreements are emerging.According to the provisions of judicial interpretation,an administrative agreement is an agreement concluded between an administrative organ and a citizen,a legal person or any other organization through consultation within the scope of its statutory functions and duties in order to realize the public interest or the goal of administrative management.The public welfare purpose of the administrative agreement determines that the signing of the administrative agreement will not only affect the rights and obligations of the parties directly involved in the agreement,but also affect the rights and obligations of other third parties outside the agreement forming a multilateral administrative legal relationship involving the administrative subject,the administrative party involved in the administrative agreement and the third parties outside the agreement.In addition to the introduction and conclusion,this paper is divided into four parts.The main contents of each part are as follows:The first part is the basic theory of the judicial relief of the rights and interests of the third party in administrative agreement.This part discusses the concept and characteristics agreement,the concept of the judicial relief of the rights and interests of the third party in the administrative agreement,the theoretical basis of the judicial relief agreement and the significance of the judicial relief.The second part is the present situation and problems of the third party's rights and interests relief.Deal in our current legislation of administrative protection of the rights and interests of a third person specification is analyzed,and combining the administrative agreement to a third party rights and the judicial relief of the judicial practice,analyze the current administrative agreement to a third party in administrative agreement to a third person rights and interests of the judicial relief the plaintiff qualification standard is vague and not enough law applicable standards,mode of judicial review of administrative agreement is not enough clear,the judicial relief of the administrative agreement to a third party rights and perform difficult problems such as not timely,judgment.The third part,agreement judicial relief overseas investigation and enlightenment.Through the comparative analysis of the legal relief of the rights and interests of the third party in the administrative agreement in France,Germany and the United States,it is concluded that the classification in the administrative agreement can be used for reference to clarify the criteria for the qualification of the plaintiff.Improve relevant legislation in order to standardize the application of the law.Use a variety of dispute resolution mechanisms to better remedy agreement.The fourth part is about the Suggestions to improve the third party's rights and interests.On the above theoretical research,practice case analysis,outside the system,on the basis of comparative analysis and reference to the third party rights and the judicial relief of the administrative agreement to be perfect,the problems in the present should be clear the third person the plaintiff qualification of administrative agreement standard,to further standardize the pending law applicable standards,clear judicial review to administrative agreement mode,set up the protection of the right of "preventive",safeguard the rights and interests of administrative agreement to a third person increase enforcement.