The Solution Path Of Dispute Of Breach Of Contract By The Relative Person Of Administrative Agreement

Administrative agreement in the new "Administrative Procedural law" was incorporated into the category of the administrative litigation.This flexible way of social governance has been used more and more widely.However,the principle of administrative law is the constraint on the public power of administrative organs,but there is no set of unified and targeted administrative legal norms for this novel and consultative behavior,namely administrative agreement.Because of the consultative nature of administrative agreements,compared with traditional administrative acts,it reduces the compulsory nature.Then,when the administrative counterpart does not fulfill its obligations,how to implement the compulsory implementation of administrative agreements becomes a thorny problem.In view of this,this paper will discuss.In view of this,this article will begin to conduct a discussion.Firstly,this paper sorts out the concept and characteristics of administrative agreement,leads out the manifestation form of the relative breach of administrative agreement,and expounds the dilemma that administrative organs face when the relative breaches.Secondly,through the analysis of the advantages and disadvantages of the three approaches to the dispute of breach of contract of the relative party of the three administrative agreements,the author puts forward that the solution of this problem cannot be limited to one of them.Then use comparative research compared to countries outside the system of regulation,further clarify his own point of view,discusses rights and interests of the administrative organ relief path should be depending on the administrative agreement,respectively take civil litigation relief path,apply for court accusing the executive and administrative organ to organize three ways,finally respectively to these three relief path the perfection of its recommendations.In general,due to the diverse types of administrative agreements,it is impossible tosettle all the disputes about the breach of contract by the counterparts of administrative agreements through only one approach.Therefore,different administrative agreements of different natures should be dealt with in different ways and solutions,namely,typological treatment: Most of the administrative relative person of default cases can be solved by accusing the execution path,once the administrative relative person to default,the administrative organ shall,first of all,make reasonable treatment measures,such as demand that way,if still not relevant obligations under the agreement,administrative subject as another party's agreement,there are good reasons to apply to the court for compulsory execution,so the administrative relative person can be punished;For the relatively special public welfare contracts which are not so strong,such as government procurement contracts,civil litigation relief can be applied.In the case that the organ with compulsory execution power is a party to the agreement,it can make use of the superior right of administration for relief.At the same time,the author puts forward some Suggestions on how to improve the remedy mechanism of the administrative agreement.Only in this way can the current balance within the framework of administrative law and the relationship between the desirability,maximize the value of administrative agreement.