Research On Judicial Review And Judgment Methods Of Administrative Agreement Cases

Administrative contract,it first appeared in the early stage of economic system reform in our country,in order to facilitate social management,the government choose to complete social management in the form of a contract,this form improve the participation of the counterpart in social management,and more flexible.The emergence of administrative contract means that the function of government has changed from absolute strength to service-oriented government.The May 1 2015,the newly revised Administrative Litigation Law of the people’s Republic of China is implemented formally,bring the administrative contract into the scope of accepting cases in administrative litigation formally,but it is only included in the scope of the case in procedural law,lack of specific provisions on substantive law,as a result,there are many problems in the actual trial of administrative contract cases,such as unclear definition,single way of adjudication,confusion in the application of law,lack of unified adjudication in judicial practice,and so on.In the end of 2019,the Provisions of the Supreme people’s Court on several issues concerning the trial of Administrative contract cases was formally promulgated and formally implemented on January 1,2020,with detailed provisions on the trial of administrative contract cases,but because the judicial interpretation has just been issued,and there are conflicts between judicial interpretations,it is still impossible to unify the standard of judgment in judicial practice,when accepting the same type of cases local courts,according to different experiences and angles,there are different ways to deal with it.This paper briefly introduces the definition,characteristics,adjudication methods and legal application of administrative contract,and briefly discusses the shortcomings and difficulties existing in the trial of contract cases in our country.A better trial of administrative contract cases plays a very positive role in building a government ruled by law and promoting administration according to law,and the in-depth discussion of administrative contracts is bound to become one of the main contents of administrative legislation in the future.This paper is divided into three chapters,the first chapter is an overview of the definition of administrative contract,which makes a brief analysis of the definition of administrative contract.The second chapter is the adjudication mode of administrative contract cases,which introduces the discussion on adjudication methods in the latest judicial interpretation,and studies the adjudication methods and existing shortcomings of administrative contract cases by quoting and analyzing cases.at the same time,it introduces the relief ways of administrative organs in the judicial interpretation.The third chapter is the legal application of administrative contract cases,which talks about the legal application of administrative contract cases.The discussion of administrative contract plays a very important guiding role for administrative organs in attracting investment and cooperation with social capital.It is necessary to clarify the definition of the concept and improve the way of adjudication,which should be carried out in the correct trial of administrative contract cases.