Research On The Dispute Settlement Mechanism Of Administritive Contract

With the increasing diversification of administrative management methods,administrative agreements,as a flexible administrative means to replace traditional unilateral administrative actions,are widely used in administrative practice.It has both the compulsory unilateral administrative behavior and the desirability of civil contracts,which makes the administrative agreement play an important role in the process of governing society.The emergence of administrative agreements has transformed the administrative subjects and relatives from the original dual relationship of management and management to a cooperative relationship with common interests and goals,which has enhanced the enthusiasm of citizens to participate in governance,and the government has become more socially governed.Smooth.However,due to the problems of late start,controversy,lack of legislation,and inconsistent practice in China's administrative agreement system,the role of administrative agreements cannot be truly exerted.Especially in the event of a dispute,the unclear and unclear mechanism of the administrative agreement dispute resolution makes the parties to the administrative agreement vulnerable to unnecessary losses,and even to a certain extent,the public interest.In view of this,it is particularly necessary to construct and improve the administrative agreement dispute resolution mechanism.First of all,this paper analyzes the difference between administrative agreement and civil contract from the contention of the nature of administrative agreement,and on this basis defines the concept of administrative agreement.Secondly,it analyzes the status quo of the disputes in the administrative agreement,and divides the administrative agreement dispute into administrative administrative agreement disputes and desirable administrative agreement disputes based on the nature of the administrative agreement,and carries out the current situation of the administrative agreement dispute resolution.Analysis and discussion.Thirdly,it analyzes the problems existing in the current administrative agreement dispute resolution mechanism,and points out that the current administrative agreement dispute resolution mechanism has many forms,but the system is lacking and the norms are vague,which leads to the operability of the administrative agreement is not strong.Finally,this paper believes that there are settlements,mediation,arbitration,administrative reconsideration,and administrative litigation in the settlement of administrative agreement disputes,and different dispute resolution methods are applied depending on the type of dispute.In addition,for the administrative litigation method,this paper analyzes the six aspects of the scope of the case,the principle of review,the qualification of the plaintiff,the burden of proof,the introduction of mediation,and the application of the law.Among the parts of the plaintiff's qualifications,the author believes that if there is a situation in which the administrative counterpart violates the contract,the administrative organ with the enforcement power can enforce it,and the administrative organ without the enforcement power can apply for non-litigation administrative enforcement.This paper takes the status quo of the administrative agreement dispute resolution mechanism and its existing problems as the starting point,combined with China's practical situation and extraterritorial experience,and hopes to propose some constructive solutions for improving the administrative agreement dispute resolution mechanism in China.