Research On Judicial Determination Of Invalid Administrative Agreement

For administrative agreement dispute cases,whether the administrative agreement is effective or not directly affects the progress and direction of the case.However,under the current legal framework,the legal provisions on the invalidation of administrative agreements are rare and scattered,and the judicial interpretation on the invalidation of administrative agreements is not comprehensive and general enough to deal with the increasing and complex disputes over the effectiveness of administrative agreements.From the current judicial practice,the invalidation of administrative agreement is faced with the problem of confusion between the specific theory and the application of law.Therefore,it is of great practical significance to make an in-depth study on the judicial determination of the invalidity of administrative agreements and explore the ways to improve the invalidation of administrative agreements in China.Through comparative analysis,summary and other research methods,this paper starts from the general theory,expounds the concept of administrative agreement and the concept of invalid administrative agreement,and then focuses on the relationship between invalid administrative agreement and specific administrative act,and the relationship between invalid administrative agreement and invalid civil contract.Then through to the court in the judicial practice of administrative agreement invalid applicable law and invalid reason of comb,realised that because the administrative agreement has double attribute of the administration and the contract,the court in order to balance the administrative legal norms and legal norms of civil contract,in the concrete that present approximately three kinds of administrative agreement shall be invalid.The first case is the application of the invalidation rule of specific administrative act,the second case is the application of the invalidation rule of civil contract,and the third case is the comprehensive application of the invalidation rule of specific administrative act and the invalidation rule of civil contract.However,there is no law to follow in the set of seemingly complete confirmation mode formed by the court according to the trial practice,which just exposes many problems such as the lack ofclear review principle,non-standard application of law,and inconsistent identification standard in the current invalidation determination of administrative agreement.Therefore,this paper puts forward some Suggestions to improve the invalidation of administrative agreements in judicial practice.In terms of the review principles,the public interest priority principle and the legality review principle are clearly taken as the basic principles to determine the invalidation of administrative agreements,so as to provide directional guidance for the invalidation of administrative agreements.In terms of the application of law,the invalidation of administrative agreement should be given priority to the legal norm of invalidation of administrative act in administrative law.If there is no stipulation in administrative law,and the application of civil legal norm does not violate the spirit of public law and the basic principle of administrative law,the civil legal norm can be applied.In terms of standards,mainly adopt the way of "list + out" standard of construction of administrative agreement is invalid,based on "big and obvious illegal",on the basis of comprehensive consideration of administrative main body,behavior,the agreement content,program elements such as clear administrative agreement invalid elements,make the administrative agreement is null and void as real legal.