Research On Identification Criteria Under The Trend Of Expansive Application Of Administrative Agreement

In order to realize the administrative purpose of good governance,modern democratic countries need not only power means,but also nonpower means to meet diverse social needs.Non-power methods such as equal interaction,consultation and cooperation have realized the gathering of administrative information and public opinion,thus achieving the results of democratic administration,scientific administration,proper administration and efficient administration.With the continuous integration and development of public and private laws,administrative agreements have been more and more widely used as a softer and more flexible administrative means.However,through the analysis of the judgment cases,the author found that there is a problem of the confusion of the administrative agreement identification standard in the field of judicial review in China,and analyzed the reasons for the confusion of the administrative agreement identification standard from three aspects: concept,theory and legislation.The traditional standard theory of administrative agreement identification cannot completely solve the obstacles in the judicial practice of administrative agreements,nor can it meet the trend of expansive application of administrative agreements.Based on the above situation,after analyzing the rationality of the expansion trend of the scope of application of the administrative agreement,the author clarified that the identification criteria under the expansion of the application trend of the administrative agreement in China should start from the contractability and agreeability of the administrative agreement.On the one hand,it is necessary to pay attention to the contractual value of the administrative agreement,and to realize the value pursuit of equality,voluntariness,and consensus.The other party should research the administrativeness,focusing on the administrative power jointly pointed by the subject and purpose of the agreement The content of legal rights and obligations serves as the core standard for identifying administrative agreements.And according to the different forms of administrative power in the administrative agreement,the administrative agreement is classified.With a view to clarifying the connotation and extension of the administrative agreement,the administrative agreement can be accurately identified and defined.