Study On The Application Of Administrative Agreement Cancellation Judgment

On December 10,2019,the supreme people’s court issued the provisions of the supreme people’s court on several issues concerning the trial of administrative agreement cases(hereinafter referred to as "interpretation of administrative agreement").This is the first judicial interpretation of administrative agreement cases in China,which solves most problems of administrative agreement cases which have existed for a long time in practice."Interpretation of administrative agreement" stipulates for the first time that in cases of administrative agreement,the people’s court can make an annulment judgment,and makes it clear that the object of nullification can be either an administrative agreement or an act of administrative superiority right exercised by the administrative subject.At the same time,the applicable circumstances of annulment of judgment are also stipulated.Although the provisions of the interpretation of administrative agreement on the cancellation of judgment and its application basically solve some problems long existed in the past in the judicial practice,and help to build the system of administrative agreement case judgment.However,in today’s judicial practice,there are still some problems such as incomplete provisions of legal application and the need to balance the conflict between personal interests and public interests.Based on the administrative agreement cases withdrawn by the concept,characteristics and applicable situation of relevant theory overview,at the same time,this paper introduces the decision to cancel the administrative agreement prior right and the revocation of administrative behavior is applicable legal circumstances,and with the help of relevant judicial cases,withdrawn by statutory applicable situation further,also with the aid of judicial cases on the application of the administrative agreement is withdrawn by situation is analyzed and the problems faced in practice,and puts forward how to solve these problems in the related Suggestions.If the illegal circumstances prescribed in article70 of the administrative procedure law of the People’s Republic of China(hereinafter referred to as the administrative procedure law)are added as the basis for the cancellation of the administrative agreement by the court;To balance the conflictbetween public interests and personal interests,and to clarify the standards for the legal cancellation of administrative agreement cases such as abuse of power and obvious improper.