Study On The Judicial Rules Of The Review Of The Effectiveness Of Administrative Agreement

Under the overall background of the development of the sharing economy and the construction of a service-oriented government,administrative agreements have become an important channel for the public to participate in social management activities and share the fruits of social development.Along with this,the types of administrative agreements are gradually enriched and the number of them is increasing.The related disputes have attracted great attention from the legislative and judicial departments.The“Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases” issued in November2019 has systematically sorted out some rules of judicial trial of administrative agreements at the level of judicial interpretation.However,the diversity of administrative agreements’ types and the complexity of disputes make it difficult for the regulation to respond to difficult problems in practice.For example,the relevant judicial rules on the effectiveness of administrative agreements still require independent and systematic research.The construction of the administrative agreement effectiveness system is the prerequisite and core issue for the effective operation of the administrative agreement system.How to accurately grasp the applicable path of the administrative agreement effectiveness system and respond to the actual needs of the referee of administrative agreement effectiveness cases requires a more comprehensive and in-depth study with systematic thinking.In addition to the introduction,this paper can be divided into four parts:The first part mainly focuses on the basic theory of the effectiveness of administrative agreements,including the boundary of administrative agreements and the dual attributes of administrative agreements.At the same time,this part explores the value positioning of effectiveness determination.Based on this,this paper adopts the“Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases ” as an opportunity to sort out the provisions related to the effectiveness of administrative agreements in the existing legal norms,analyze several types of administrative agreement effectiveness,and find out that there are some contradictions between the textual expression and internal logic,which thus clarify the need for independent research on the rules of administrative agreement effectiveness.It is expected that the“Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases”will play a better role in practice.The second part mainly studies the problems existing in the review of theadministrative agreement effectiveness in judicial practice.This part interprets the judicial status of administrative agreement effectiveness cases from the two levels of entity review rules and procedural review rules.On the basis of consulting a large number of administrative agreement cases,this part has sorted out the judicial application of the effective,invalid and revocable administrative agreements,clarified the basic position of the courts of various regions in the judgment of administrative agreements effectiveness cases,and analyzed the shortcomings of the reasoning of the judgment and the inadequacies of the legal text.The third part systematically analyzes the source of the problems in the judicial review of administrative agreement effectiveness.Through the interpretation of judicial cases in the second part of this paper,it is found that there are problems at the level of entity rules such as repetitive and conflicting review rules,biased interests,and inconsistency in the criteria for judging the effectiveness of administrative agreements.There are problems at the level of procedural rules such as inconsistencies in the time limit,unreasonable allocation of burden of proof,and chaotic admission standards for litigation costs.Through these entity and procedural problems,the root cause of the problems can be further analyzed and integrated: the constraints of institutional factors and constraints other than institutional factors.Only by discovering the root causes of many problems in practice can we provide clearer logic for problem solving.In the fourth part,based on a full review of the current state of China’s judicature,we should take care of our country’s theoretical doctrines,appropriately absorb the experience and practices of other countries,and put forward corresponding optimization suggestions at the level of rule system design and judicial technology design.The institutional level may include the innovation of the public-private dual concept,refining the core standards for the review of the effectiveness of administrative agreements,and providing the necessary procedural guarantees;the judicial technical level may include the typed integration of judicial case groups,the application of interest measurement methods,and abstractions of public interest Restrictions on standards.