Research On Judicial Determination Standard Of Administrative Agreement

As an "imported product",the administrative agreement has been in existence for many years in China.At present,with the transformation of administrative management methods and the gradual deepening of modern administrative concepts,China's administrative agreements and related activities are widely used in various fields of social and economic life.However,the relevant legislative work of the administrative agreement is difficult on the road of advancement.The legal status of the administrative agreement has not been established.The definition,nature,identification standard and legal application rules have been controversial in the theoretical and practical circles.The "Administrative Procedure Law of the People's Republic of China",which was implemented in 2015,explicitly incorporated the administrative agreement into the scope of administrative litigation.In the same year,the "Interpretation of the Supreme People's Court on the Application of Certain Issues in the Administrative Procedure Law of the People's Republic of China" was applied to the administrative agreement.By definition and enumeration,the administrative agreement has obtained “legitimate identity” in the judicial field,and the number of administrative agreements accepted by courts at all levels has increased rapidly.(1)In practice,the complexity of administrative agreements,the difficulties of legislative abstraction,and the inherent characteristics of judicial logic reasoning have caused conflicts in administrative judicial decisions,conflicts,and even judicial disputes such as different judgments.It is very important to clarify the criteria for the identification of administrative agreements.The judicial recognition standards of current administrative agreements have three major dilemmas in the theoretical circles and practice: the standard selection is not uniform,the standard understanding is biased,and the primary and secondary contradictions are confused.Determining the criteria for the identification of administrative agreements and implementing them in a unified manner can reduce conflicts and resolve conflicts.This paper believes that it should be defined and grasped from three aspects: the main body of the agreement,the purpose of the agreement,and the terms of the agreement,and the direct purpose of the public interest is The core,the administrative standard of the core clause is the key to the judicial consistency identification standard,in order to resolve the administrative agreement disputes and promote the standardization of administrative activities.