The Research On Legal Issues Of Administrative Agreement Litigation

With the reform of the economic system and the transformation of government functions,administrative agreements have emerged as the times require,and they have been widely used in the field of administrative management.The administrative agreement that has grown on the edge of the dual structure of public law and private law has long been questioned and rejected in the field of civil law.It has been affirmed and developed in the field of administrative law,and has achieved certain results,but it has not formed a normative system.The "Administrative Litigation Law of the People's Republic of China",which was revised in November 2014 and implemented on May 1,2015,was the first to affirm the existence of the"Administrative Agreement" at the level of empirical law.At present,China's administrative agreement litigation legal system is still in the initial stage and faces many difficulties.There are theoretical problems such as confusion of administrative agreement terms,unclear nature,and different identification standards,as well as legislative defects and judicial issues such as narrow scope of the case,lack of trial rules,and difficulty in applying the law.The thesis will discuss the above issues,and propose solutions in combination with the extraterritorial legal experience,and provide suggestions for promoting the development of administrative agreement litigation.The thesis includes six chapters.The first chapter summarizes the administrative agreement litigation,discusses the basic concepts and characteristics of the administrative agreement,the legal application mode of the administrative agreement litigation,and the significance of the administrative agreement disputes into the scope of the administrative litigation.The second chapter discusses the theoretical controversy about administrative agreement litigation and highlights the viewpoints of the paper,including the identification criteria of the administrative agreement,the nature of the law,and the choice of administrative legal norms and civil legal norms in judicial review.The third chapter reveals the legislative defects such as the narrow scope of the current administrative agreement litigation,the limited types of disputes,and the lack of special litigation procedures to meet the needs of administrative agreements,and demonstrates the necessity of establishing special procedures for administrative agreements.The fourth chapter points out the judicial dilemma of administrative agreement litigation,and analyzes the problems that the single legality review principle cannot meet the judicial review requirements,the unclear rules of the burden of proof,the period of administrative litigation and the time limit of civil litigation.The fifth chapter is the investigation and analysis of the extraterritorial administrative agreement litigation system.It mainly introduces the situation of the three civil law countries of France,Germany and Japan in the scope of the administrative agreement,the application of the law,the plaintiff qualification and the litigation mediation.Summarize the useful experience that can be borrowed.The sixth chapter puts forward countermeasures and suggestions for the legislative defects and judicial predicament of administrative agreement litigation.It is suggested to improve the administrative agreement litigation system from three aspects:expanding the scope of administrative agreement litigation,establishing special rules of administrative agreement,and establishing administrative agreement litigation mediation mechanism.