Problems In Judicial Review Of For Administrative Agreements And Suggestions Improvement

China's society is in an era of rapid development,with higher requirements and standards for the government functions of administrative organs.At this time,the characteristics of administrative agreements-both administrative and contractual-are shown.At present,China's dispute handling mechanism for administrative agreements has not been fully perfected.China's administrative law is relatively slow to legislate in this respect,and due to its contractual nature is also affected by civil litigation,some disputes arising from administrative agreements are often tried as civil disputes in judicial practice.Many disputes caused by administrative agreements are not clearly defined in nature,it is impossible to determine whether they are administrative disputes or civil disputes,and the handling mechanism of administrative agreements is not perfect,so the trial results of administrative agreement cases have caused many disputes in practice.In order to improve the litigation handling mechanism of administrative agreements,reduce the litigation disputes of administrative agreements in practice,improve the authority of the court to hear administrative agreements,and improve the dispute handling mechanism of New Deal agreements,it is very necessary.Administrative agreements are currently a new model for administrative organs to perform their administrative functions on a daily basis.Theoretically,a clear definition of administrative agreement is to further improve and enrich the theoretical system of administrative law,and also to clarify the dispute handling mechanism of administrative agreement,which can better protect the rights of the parties.Although the administrative agreement has the characteristics of equal consultation between the two parties to a civil contract,the administrative agreement is an agreement signed for the administrative organ to better perform its administrative functions.The administrative agreement has both administrative and civil characteristics,which makes it have many contradictions and uncertainties in the dispute handling mechanism.Because the administrative organ has an advantageous position over the administrative counterpart in the administrative agreement and enjoys the administrative privilege,it is also an important content to prevent the administrative organ from abusing the administrative privilege in the administrative agreement.At present,China has brought administrative agreements into the scope of administrative litigation,which indicates that China tends to classify administrative agreements as administrative acts in its legislation.Due to the particularity and importance of administrative agreements and the need to adapt to social development and government transformation,it is urgent to perfect the judicial review system of administrative agreements.Based on the background of China's current judicial reform and the existing theories and judicial practices,this paper puts forward several suggestions to improve China's administrative agreement litigation: to improve the scope of accepting cases in administrative agreement litigation;Perfect the legal application of the trial basis;The administrative organ is the plaintiff in an administrative agreement lawsuit;Clear the burden of proof of the parties;Perfect the mediation system and reconciliation system of administrative agreements.