Study On The Application Of Law In Administrative Agreement

The administrative agreement has been brought into the scope of accepting cases in administrative litigation.It shows that the administrative agreement has become an important way for the government to perform its administrative functions.With the development of society and the change of government function,the change of service-oriented government gives birth to the extensive application of administrative agreement.The administrative agreement is also called the administrative contract,but different from the contract in the sense of civil law,the administrative agreement has the dual attribute of the administrative nature and the contractual nature,which determines that the administrative agreement must be under the jurisdiction of the administrative law norm.Its contractual nature will make the administrative agreement have a certain private law nature.How to apply in resolving Administrative Agreement disputes The law cannot choose the administrative law norm or the civil law norm alone.The Administrative procedural Law,published successively,and the interpretation of the Supreme people's Court on certain issues concerning the Application of the Administrative procedural Law of the people's Republic of China,all provide for the resolution of disputes under administrative agreements.The increasingly perfect legal system provides the basis for solving the problem of the application of the law of the administrative agreement.With the diversification of the administrative mode,the scope of the administrative agreement is wider and the administrative agreement concluded by the administrative organ and the citizen or the organization is more extensive.It has played its role and function well,but the disputes arising from the administrative agreement are inevitable,how to apply the law The settlement of these disputes and the laws according to which they are resolved has become an important issue.Administrative agreements often contain huge social and public interests,and there is a natural imbalance between the administrative organs and civil organizations.The particularity of both parties shows that the dispute settlement mechanism of administrative agreement is very important and worthy of in-depth study.Among them,how to deal with administrative agreement disputes how to apply the law is one of the basic issues,the legal basis for any kind of legal act is like a source of water,there is one of the principles that must be observed in the process of building a society ruled by law.This is especially true of administrative agreement disputes.This article from theadministrative agreement legal adaptation Starting with the basic concept and taking the two basic principles of the law application of the administrative agreement as the starting point,according to the analysis of the case,this paper attempts to put forward some suggestions on the application of the law of the administrative agreement.The particularity of both sides of the administrative agreement determines that strict and accurate application of the law is a crucial issue.It is of great significance to sort out the main points of contention in the application of the law of the administrative agreement.