Research On Judicial Review Of Administrative Agreementin

After the revision of the Administrative Procedure Law of 2014,administrative agreement cases were brought into the scope of judicial review.At the same time,a new judgment confirming invalidity was added,which provided a legal basis for the review of the effectiveness of administrative agreement.According to the relevant provisions of the judicial interpretation of the Administrative Procedure Law,the relevant provisions of civil law can be applied by reference when trying disputes over administrative agreements.In 2017,the General Principles of Civil Law adjusted the rules of validity of civil acts.Because of fraud and coercion,the system of revocation is applicable to all contracts concluded,while the system of confirming invalidity and revocation is applicable to contracts concluded by fraud and coercion in the Contract Law according to whether the interests of the state are harmed or not.When litigants prosecute,they will face the question of which provisions to choose the type of litigation.In judicial practice,the principle of "the new law is superior to the old law" is adopted in the application of the law in civil litigation,while the principle of "both the old and the light" is adopted in the application of substantive law in administrative litigation,which makes the legal application of disputes over the effectiveness of administrative agreements more controversial.Because the application of law is not clear,when the parties encounter disputes over the validity of administrative agreement,they can not accurately judge whether they should claim invalidity or revocation to the court.They will face the risk of losing the lawsuit because they choose the wrong type of lawsuit.In order to solve the above problems,we can refer to the Dual-stage theory of German administrative law to solve the legal application of disputes over the effectiveness of administrative agreements: disputes over the effectiveness of administrative agreements belong to disputes arising after the conclusion of administrative agreements,which should focus on contractual examination,and should not emphasize the privileges of administrative organs.Therefore,the invalidity and revocation of administrative agreement cases should refer to the provisions of the invalidity and revocation of civil contracts,not to apply the legal provisions of invalidity of traditional unilateral administrative acts.After solving the problem of law application,according to the general principles of civil law and the provisions of contract law on the validity of contracts,we can make clear the elements of judgement of invalidity and revocation of administrative agreements.Appropriate selection of litigation types can start from the perspective of the relationship between affirming invalid litigation and revoking litigation.Recognition of invalidity is different from revocation in that it focuses on protecting interests: the essence of confirmation of invalidity is to restrict the principle of freedom of administrative agreement,to protect the public interests of society and the legitimate rights and interests of the third party other than the party concerned in the administrative agreement;and revocation is to relieve the party concerned in the administrative agreement from untruthful intention,and to protect the interests of the party concerned in the agreement,so only the party has the right.To institute a suit for revocation of the administrative agreement.In addition,the action of affirming invalidity is not limited by the limitation of action,while the action of revocation is restricted by the period of exclusion,and must be prosecuted within the period of exclusion.For the plaintiff,according to the actual situation of the dispute,he can claim the corresponding litigation request to the court,which meets the requirement of withdrawing the lawsuit,and vice versa,bring the lawsuit of confirming invalidity.In practice,although the criteria of invalidity and revocation have been clarified.The plaintiff may still claim an inappropriate claim to the court for lack of legal knowledge,thus facing the dilemma of rejection of the claim.In this case,the judge should actively explain and inform the plaintiff that his claim does not meet the requirements of judgment.In order to facilitate the parties to change their litigation requests in time,so as to solve disputes in time,save judicial resources,and make the judicial review of the effectiveness of administrative agreements more scientific and reasonable.