On The Judicial Relief Of Administrative Parties' Failure To Perform Administrative Agreements

As a flexible administrative management method,administrative agreement is widely used in various countries around the world.Because the administrative agreement is an agreement between the administrative subject and the counterparty,both parties to the agreement may violate the agreement and fail to execute the agreement.At the same time,administrative litigation has the characteristics of a public prosecutor.It is not clear how the compliance party will provide relief.Until the "People's Court of the People's Republic of China Provisions on Several Issues in the Trial of Administrative Agreement Cases" stipulated that administrative organs could only solve it through non-action enforcement,and the design of the non-action enforcement system was mainly designed around general administration Acts,that is,the administrative nature of administrative acts,are not completely applicable to the non-action enforcement of administrative agreements.Therefore,it is very necessary to explore the effective administrative counterparty breach of contract relief system.By sorting out and analyzing the viewpoints of the academic circles,and drawing on the relief system of nonperformance of administrative agreements by foreign administrative counterparts,we believe that China should absorb the experience of the German two-way litigation structure and negotiation and mediation system outside the British litigation.Establish a "reverse lawsuit" system to provide administrative agencies with judicial relief,and at the same time establish a mediation system in the judicial review of reverse lawsuits or administrative agreements to more effectively resolve administrative agreement disputes.