Research On The Application Of Civil Legal Norms In Administrative Agreement Disputes

Administrative agreement,as a new administrative act conforming to the transformation of government functions,makes the state and citizens gradually turn from the traditional order and obedience relationship to the service and cooperation relationship.However,the administrative legal system for administrative agreement disputes in China cannot be established in a short period of time,which can be solved by introducing civil legal norms to the trial of administrative agreement cases The question of law.In the field of public law,the application of civil legal norms as rules of private law in administrative agreement disputes is relatively complex,and the relevant provisions of administrative legal norms and judicial interpretation are too principled,which makes the application of civil legal norms in judicial practice of administrative agreement cases in China very confusing,and the corresponding conclusions and judgment results are quite different.The provisions of the Supreme People’s Court on Several Issues concerning the trial of administrative agreement cases promulgated by the Supreme People’s court in 2019 have made detailed provisions on the application of administrative agreement laws,but the provisions on the application of civil laws and regulations have not made substantive exploration.In this paper,on the premise of fully considering the administrative and contractual attributes of administrative agreements,combined with the corresponding cases,the application of civil legal norms in administrative agreement cases will be studied.The purpose of this paper is to systematically and reasonably demonstrate the applicable principles and specific rules of civil legal norms in administrative agreement disputes,and to provide highly operable guidance for the application of laws in this field。This paper is divided into four parts:the first part describes the research background and significance of the application of civil legal norms in administrative agreement disputes.The second part is the analysis of the reasons for the application of civil law norms in administrative agreement disputes,aiming to make clear that the civil law norms and administrative agreement,a special administrative act,are highly compatible.The third part analyzes the application principles of civil legal norms in administrative agreement disputes,and clarifies the application principles such as supplementary application and civil legal norms limitation.Finally,the fourth part of the paper mainly discusses the application rules of civil legal norms under the specific disputes of administrative agreements,aiming to systematically elaborate the specific application of civil legal norms with specific legal provisions and cases.