The Determination Standard Of Invalid Administrative Agreement

In recent years,administrative agreement has become a hot topic for discussion in theoretical circles,and a large number of administrative agreement cases have also appeared in trial practice.The practice of negotiating and signing agreements has broken the administrative management mode of administrative organs in the form of orders,etc.However,due to the lack of unified legislative provisions,and the latest Administrative procedure Law has deleted the previous relevant concepts and trial application,resulting in the trial practice to determine the invalid standard of administrative agreement is not uniform status quo.This has also become one of the most troubling problems in the trial of administrative agreement cases in the future.Administrative agreement has the dual attribute of administrative and contractual in theory,that is,there exists the intertwining between legality and contract in the agreement,it is precisely because of the coexistence of these two attributes that administrative agreement cases are unknown,and it is because of the existence of these two attributes that the administrative agreement cases are not assigned to each other.I do not know whether the civil court hearing or the administrative court hearing is a chaotic situation,and there has also been a situation in which different standards of determination have been applied to the effectiveness of the administrative agreement and different trial results have been achieved.The most prominent problem is that judges in the trial process to determine the invalidity of administrative agreements appeared a variety of standards,and there is no clear order of application between the different standards.First of all,the reason is that the concept and type of administrative agreement is not accurately grasped,secondly,there is no scientific and clear standard for determining the invalidity of administrative agreement,and the existence of multiple standards is tantamount to the absence of standard.However,it is not scientific and practical to determine the validity of the agreement by one case-by-case judgment,because the practice of one case-by-one judgment can not substantially solve the problem of determining the standard of invalidity of administrative agreement.Moreover,it is possible that the same case can get different trial results according to its own case,which is not conducive to the resolution of the validity of the administrative agreement,and can not achieve the final purpose of resolving the dispute.In view of the present situation of invalid administrative agreement in our country,through the theoretical analysis of the existing identification standard,this paper draws the conclusion that the existing standard can not solve the problem of invalid administrative agreement perfectly,and finally puts forward its own point of view.It is considered that the standard of invalid administrative agreement should be reconstructed,and the invalid administrative agreement shouldbe identified by two standards: formal standard and substantive standard.The specific contents are as follows: the main authority of the administrative agreement,the signing procedure,the content of the agreement,and the purpose of the agreement.The purpose of this standard is to narrow the gap between theory and practice and to solve the problem of invalid administrative agreement standard from five angles of autonomy of will.