Research On The Perfection Of Judicial Review System Of Administrative Agreement

As an important way for governments to implement administrative policies and achieve administrative purposes,administrative agreement has dual attributes of administrative and contractual nature.Because of its unique flexibility and elasticity,it is widely used by governments around the world in the field of public administration.Judicial review of administrative agreement is an important way to ascertain the facts of cases,resolve disputes in agreements,and protect the rights and interests of parties to agreements.In China,the Administrative Procedure Law amended in 2014 clearly included administrative agreement cases into the scope of administrative litigation.The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases was issued in2019,the law has provided a detailed and specific legal rules for the court to hear administrative agreement cases.However,according to the current legal norms,the court cannot fully and successfully resolve the complicated administrative agreement cases,indicating that the judicial review system of administrative agreement needs to be improved.The paper employs current legal norms as a basis,to develop in-depth research and analysis of both theory and practice for the judicial review system of administrative agreement,and to target practical and feasible suggestions.In addition to the introduction and conclusion sections,the paper is divided into following four parts:The first part solves the problem of mode selection by retrospecting the development of judicial review of administrative agreement.The paper analyzes the legal norms and judicial cases in different time periods,and divides the development of judicial review of administrative agreement in China into three stages in accordance with changes in review mode.The main problems in each stage are studied,and finally adopt the administrative litigation model to conduct judicial review of administrative agreement.The second part elucidates the academic disputes of judicial review of administrative agreement.The judicial review system of administrative agreement has always been the focus of academic research.The paper selects three main types of academic disputes that have not been regulated or imperfectly regulated by legislation:law application disputes,evidence rule disputes,and judgment method disputes.On the basis of sorting out and analyzing the existing opinions and legal norms of these three types of disputes,new opinions will be generated.The third part researches the practical problems of judicial review of administrative agreement.Dual attributes,the imperfections of existing legal norms and the diversification of academic viewpoints have given rise to eminent difficulties in the practice of the judicial review system of administrative agreement.The paper analyzes and sorts the cases of administrative agreement,then concludes that the judicial review system of administrative agreement mainly has unsolved problems in the four aspects of identifying administrative agreement,applying relief periods,reviewing the performance of defense rights,and solving the breach of contract of administrative counterpart.Detailed research will be unfolded with regard to these problems.Based on preceding chapters,the fourth part puts forward practical suggestions for improving the judicial review system of administrative agreement in our country,so as to ensure that the courts can deal with administrative agreement disputes in a fair and just,systematic and efficient way.Suggestions are listed as follows: Firstly,improve the principle system of judicial review of administrative agreement,to remedy deficiencies in legislation;secondly,improve the current legal norms and provide clear legal rules for courts to hear administrative agreement cases;thirdly,unify the identification methods of administrative agreement,to avoid sorting the same or similar contracts into completely different natures;fourthly,establish a bidirectional administrative litigation structure to properly resolve the breach of contract by the counterpart of the administrative agreement.