The Judgment Standard Of Administrative Agreement:Subject Equality Or For Public Interest Purposes?

Administrative agreements have been in existence for a long time and have been widely used in all aspects of state management in modern society.As a new flexible state management mode,it has many advantages and becomes an indispensable management means for modern countries.Therefore,the theoretical research and legislative practice of administrative agreement are constantly developing and perfecting.In the process of amending the Code of Administrative Procedure in 2014,the administrative agreement was for the first time included in the scope of the case.Moreover,in 2015,in order to better apply the administrative agreement,the interpretation of the Supreme People's Court on the application<certain issues>the Administrative Litigation Law of the People's Republic of China was promulgated and implemented.Although with the continuous development of theory and practice,it was abolished on February 8,2018,but this does not mean that the administrative agreement has thus withdrawn from the historical stage,but in order to better meet the needs of social development,in the continuous revision and improvement.The previous theoretical and practical studies have laid a solid foundation for the subsequent development.The typical case of the administrative agreement promulgated in 2019 and the new judicial interpretation of several issues of the administrative agreement promulgated and implemented in 2020 are the crystallization of the previous development.This is a judicial interpretation of administrative agreements,Compared with the brief general introduction of the past,the scope and application of the administrative agreement are specially stipulated,which not only reflects the important position of the administrative agreement in the administrative field,but also is a summary of the previous judicial practice and theoretical research,which is better guiding the judicial practice in our country.What is the difference between the new regulations and the past,and whether the previous judgment methods are applicable in the new situation,and what advantages and disadvantages are the key issues discussed in this paper.Therefore,this paper uses the empirical method of group case study to summarize the recognition standard of administrative agreement in judicial practice after the promulgation of the new judicial interpretation.On January 30,2020,in the web site of China's referee documents,I searched cases by the cases cause of "administrative agreement" and A total of 40 cases were searched,of which 23 were valid;21 were identified as administrative agreements and 2 were identified as civil contracts(valid cases refer to cases where the nature of the administrative agreement is recognized).Although there are many judgment criteria,which can be classified as subject criteria and purpose criteria,so this paper will focus on the subject and purpose standard.And combined with the search case analysis.This paper discusses the advantages and disadvantages of the two judgment criteria in the process of determining.so as to get the most suitable judgment standard of our country.This paper divides the structure of the article into two sections:introduction and text.The first part is the introduction,which introduces the research background,meaning,literature review,research methods,as well as innovation and shortcomings.The second part is the first chapter of this paper,through the typical case to lead to the focus of this paper,the administrative agreement of the criteria for judging what rules to follow.The relevant standards and practice standards of existing laws are analyzed.The third part is the second chapter of this paper,analyzes the relevant theories of equality standards,and expounds what problems exist in the process of determining the administrative agreement of equality theory.The fourth part is the third chapter of this paper,through the comparative analysis of the case,to explain the advantages of objective standard.The fifth part is the conclusion part of the article,comparing and analyzing the equality standard and the objective standard,it is concluded that the objective standard is the most suitable judgment standard for our country at present.