The Judicial Review Of Administrative Agreement Case

This paper introduces the Connotation,nature,basic category and legislative status of administrative agreement,and combines the practical and theoretical significance of judicial review of administrative agreement cases This paper expounds the incompleteness of the specific types of administrative agreements stipulated by law in the process of judicial review of administrative agreements in China,the problems of exercising the right of executive branch and the ways of relief when the counterpart of the agreement fails to fulfill the administrative agreements,the conflicts between the administrative legal norms and the civil legal norms in the judicial review of administrative agreements,and other problems existing in the process of judicial review,and in view of these questions,proposed the feasible solution.The process of judicial review of administrative agreement cases is a process of administrative litigation,in other words,it is for the court to review the legality of the whole process from the signing to the implementation of the administrative agreement.Many scholars have made a solid theoretical foundation for the Judicial Review System of administrative agreement by discussing the concept of administrative agreement,the scope of accepting cases and the application of law Various types of applicable law provide a great deal of material for the judicial review system of administrative agreement.Since the administrative procedure law first included the legal term administrative agreement in the legal provisions,the length of the introduction of the legal provisions and judicial interpretations is extremely limited,and the contents of the provisions are relatively simple and not perfect,therefore,the Judicial Review of Administrative Agreement in China has strong practical and theoretical significance.We understand the administrative agreement from the theoretical analysis,combined with the practice of judicial review of administrative agreement in the process of the application of the law and the solution to the problem.