An Empirical Analysis Of The Invalidity Of Administrative Agreement Confirmation

The newly revised Administrative Procedure Law of 2014 added administrative agreement to the scope of the subject of administrative litigation.Administrative agreement is also called "Administrative contract",it has both the dual characteristics of public and private,including the content of administrative law and contract law,at the same time reflects the public interest and personal interests.Because of its dual characteristics,the lack of system regulations,and greater interests,so the effectiveness of administrative agreements on the application of the law is worth discussing.By combing the relevant judgment documents of the administrative agreement in the past four years,this paper randomly selects 20 cases about the administrative agreement as a sample to study the application of the invalid law of administrative agreement.The first part is case analysis,including the invalid subject matter and the application of the law about the20 cases;The second part analysis the problems raised in the second part and summarizes the views in academia and judicial practice.At the same time,the author also puts forward some ideas on these issues,including: the difference between invalid administrative act and invalid administrative agreement,the Limitation of administrative agreement,the plaintiff qualification of administrative subject,the distribution of burden of proof,the choice of compensation mode,etc.;The third part puts forward the improvement suggestion on the issues raised above.It is hoped that through the author's research,some effective suggestions will be made for the invalid judicial practice of administrative agreement,and then some meaningful suggestions will be made for perfecting the judicial review system related to the administrative agreement in our country.