An Analysis Of Examples Of Trial Rules For Administrative Agreement Cases

Administrative agreement is a kind of administrative acts carried out by administrative organ,which has the characteristics of general administrative act and it is different from common specific administrative act.The traditional administrative act is the compulsory "high-power administration",and the administrative agreement is the product of the contractual "equal administration".The concurrence of the administrative agreement is the biggest difference from the concrete administrative act.It is the innovation based on the civil contract and the organic combination of the administrative act and the contract.A party to an administrative agreement is an administrative organization exercising public power,which is signed for the purpose of administrative management and public interest.The administrative nature of administrative agreement is the main difference between administrative agreement and civil contract.The trial of administrative agreement cases cannot only apply the administrative procedure law simply,but also cannot copy the civil procedure law completely.The administrative agreement crosses the boundary of the public law and private law,has the dual attributes of the public law and the private law,also should combine the public law rule and the private law rule,set up the new trial idea,add the new judgment way on the basis of the judgment stipulated by the administrative procedure law.Perfecting the administrative agreement cases hearing rules is the needs of the modernization of national governance.