Judicial Review Of Administrative Agreement From The Perspective Of Administrative Actions

The nature of the administrative agreement determines which trial rules are adopted for judicial review.In practice,influenced by civil contract thinking,the current general affirmation not only affirms the "administrative nature" of the administrative agreement but also the so-called "contractuality".This article is based on the study of the qualitative issues of administrative agreements,using the research methods of legal norm analysis,case analysis and logical analysis,to study the introduction of the concept of administrative agreements and the specific aspects of legislation and judicial practice.Discussed and compared the resolution of such disputes with the function of the current administrative litigation system.It is finally concluded that administrative agreement is only an expression of administrative behavior,and it is not an independent legal concept in China's existing administrative legal system.The so-called judicial review of administrative agreements still needs to be reviewed in accordance with the rules governing administrative actions and the substantive law applicable to the administrative actions expressed in the terms of the disputed agreements.After comparative research and case analysis,it is not difficult to find that administrative agreement is an expression of administrative behavior.First,it analyzes the nature of administrative agreements from three perspectives: legal norms,domestic related practice development process,and scope of application.By consulting the English version of the relevant German law,it is found that the German legislation is actually only used as a way to achieve the establishment,modification or cancellation of specific types of legal relations,while the Chinese legislation clearly has the administrative agreement as an independent legal concept.Propensity.In China,from the perspective of the functions that administrative agreements have played since they entered the field of modern administrative management and services,their positioning is a tool for administrative subjects in the process of administrative management and services.Through the comparative analysis of actual cases,the question of what kind of administrative behavior can be expressed by agreement should first depend on the scope of power of the administrative agency.Second,take the top ten reference cases issued by the Supreme People's Court at the same time as the release of No.17 of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases(hereinafter referred to as "Judicial Interpretation of Administrative Agreements")as samples Through the study of the relevant original judgment documents and the relevant summary of the Supreme People's Court,in these reference cases,the logic conflicts before and after the court's argument,the significance of the new trial logic guidance is insufficient,and there is not a one-to-one correspondence between the administrative agreement and the administrative action as the actual trial object The problems are more obvious,further proving that the object of judicial review is not the so-called administrative agreement but the administrative behavior expressed by it.In response to the above problems,the litigation system designed to resolve administrative agreement cases and various mainstream viewpoints of the theoretical circles extracted from relevant literature in the "Judicial Interpretation of Administrative Agreements" have proposed various solutions to the judicial review of administrative agreements.In the judicial interpretation text,the existing review rules do not clearly understand the qualitative nature of the administrative agreement,which affects the effectiveness of the administrative agency's decision-making when adopting the form of agreement for administrative management and services.When the situation is not involved,he is at a loss.Secondly,the existing solutions in the theoretical world,especially the general theory,have not been able to get rid of theinfluence of the traditional contract theory,and the minority view of administrative agreements as a separate type of administrative behavior is also debatable.The judicial review of administrative agreements should still follow the rules of administrative litigation.Even if the existing administrative litigation system is not yet able to solve such disputes,the administrative litigation system itself should be optimized.First of all,it should be clear that the object of judicial review should be the administrative action behind the administrative agreement,and then through theoretical analysis combined with a certain number of case analysis,it is found that all types of disputes in the current administrative agreement can be resolved through administrative litigation.It is feasible for judicial review to follow the rules of administrative litigation.Secondly,considering that the existing administrative litigation system in traditional understanding has insufficient power on individual issues when solving the increasingly diverse forms of so-called administrative agreement cases,it is recommended to give full play to the effectiveness of the current Administrative Litigation Law through legal interpretation and further promote the administrative litigation system The reforms and the necessary supporting mechanisms for supporting litigation activities are combined.