Research On The Judgment Of Administrative Agreement Litigation

Administrative agreements have undoubtedly played a pivotal role in breaking the gap between public law supervision and the freedom of judicial contracts.It not only challenges the traditional theory of administrative law,but also brings a whole new subject to the development of modern administrative law.Tracing back the history of the development of administrative agreements in our country,what we have before us is the result of the collision and merging of public law and private law.With the development of democratic administration and payment administration,the application of administrative agreements has become more and more widespread.At the same time,it represents that it has undoubtedly become a universal administrative act and has increasingly played an important role in administrative practice.The application of agreement litigation judgments will also become more and more common.This large application space accordingly determines the diversified characteristics of administrative agreement case judgment methods.Therefore,the judgment method of administrative agreement cases should balance the relationship between public law and private law when choosing to apply.The traditional administrative case judgment methods and the specially stipulated administrative agreement judgment methods should be taken into consideration,and should be based on the principles that are conducive to the settlement of disputes.Select sequentially.The people’s court should give priority to the application of confirmation of valid judgments and continued execution of judgments.If in reality there is no possible condition to continue to perform,then taking remedial measures should be the next option.And the remedy judgment is given priority over the compensation and compensation judgment.In order to better improve the administrative agreement litigation judgment system,the first thing to consider is the choice of legislative style.You can choose to formulate the "Administrative Agreement Law" to provide more complete and easy-to-operate rules for administrative agreement judgments and better guarantee the realization of the purpose of administrative agreements.In addition,if the "two-stage theory" is used as the new thinking of the trial,the public law regulates the review and approval procedures before the agreement negotiation,and the private law regulates the problems that arise in the agreement itself,which is likely to better solve the expected effect of the judgment However,the effect is inconsistent.At the same time,it is necessary to take into account the value considerations of public law and private law and strengthen the reasoning effect of adjudication documents to promote the formation of a system of judgment methods for administrative agreement cases.