On The Legal Remedy Of Administrative Agreement Disputes In China

With the development of service-oriented government,administrative agreement,as the most representative democratic administrative way,has been widely used in Chinese government administration.In order to better solve the administrative agreement disputes in practice,the newly revised administrative procedure law of the People's Republic of China(hereinafter referred to as the "administrative procedure law"),which came into effect on May 1,2015,explicitly included the administrative agreement into the scope of accepting cases of administrative litigation.On December10,2019,the provisions of the supreme people's court on several issues concerning the trial of administrative agreement cases(hereinafter referred to as the provisions of the supreme law)were issued to provide guidance for the trial of administrative agreement cases.However,as the basic theoretical system of administrative agreement has not been completely established,the relevant provisions of legislation and judicial interpretation are insufficient,there are still some problems to be discussed,studied and solved in the legal relief of administrative agreement disputes.This paper studies the legal remedy of administrative agreement disputes by means of literature research,comparative research and empirical analysis.This thesis is divided into four parts: the first part,from the perspective of administrative process theory,conducts a comprehensive and dynamic investigation on the whole process of the conclusion,performance and termination of administrative agreement,as well as the possible relationship of rights and obligations generated at each stage,which paves the way for the improvement of legal remedies for administrative agreement.The second part analyzes the current situation of legal relief in administrative agreement disputes according to the current legislative provisions and judicial practice in China.And it makes full use of the empirical analysis method to discuss the problems and causes of the legal relief of administrative agreement disputes in our country.The third part sets up a "global perspective" to study the theoretical research results and practical experience of the other countries' administrative agreements,and extractsthe experience and enlightenment that meet the needs of China's own legal system and legal cultural tradition.The fourth part adopts the attitude of "developing and discarding",actively absorbs and draws lessons from the advanced legislative development experience of the foreign countries,and puts forward suggestions to improve the legal remedy of administrative agreement disputes in China based on the national conditions.These Suggestions include broadening the scope of accepting administrative agreement cases,granting administrative subject the plaintiff qualification of administrative agreement lawsuit,Increasing the adjudication method of administrative agreement cases,allowing the administrative agreement dispute arbitration mechanism,to promote the development and improvement of legal remedies for administrative agreement disputes in China.