Research On The Definition Of Administrative Agreement From The Perspective Of Administrative Litigation

Administrative agreements are a powerful tool for the government to change its governance model,an effective means to achieve administrative goals,and a bridge and link between government forces and social forces.The administrative agreement has both administrative and desirability,but the administrative agreement has been in the relationship between civil legal relationship and administrative law in China's legal system.Until the Administrative Litigation Law promulgated in 2015,the administrative agreement was actually legally A clear definition and positioning is a huge milestone for the administrative agreement.However,there are only two types of administrative agreements with clear laws,which are far from the number of administrative agreements that appear in judicial practice.With the promotion of the use of administrative agreements and the deepening of legislative research,the need to accurately define administrative agreements is increasing.Based on the judicial practice of administrative agreement,this paper combines the characteristics of administrative agreement with the research results of academic agreement,and strives to summarize and deepen the research on the definition of administrative agreement.With regard to the scoping of administrative agreements,China has experienced different stages of development.Different litigation modes of administrative agreements have a significant impact on the scope of administrative agreements.In addition to the land acquisition compensation agreement and the government franchise agreement,the administrative agreement in the current judicial practice also includes investment promotion agreements,settlement agreements,and securedhousing leasing and sale and purchase agreements.There are certain disputes over the nature of agreements such as state-owned land use rights transfer agreements and construction project agreements.Judging from the experience of current judicial practice,the criteria for defining administrative agreements are mainly based on the purpose of the administrative agreement,the subject,the administrative superiority,and the nature of the legal relationship.This paper believes that the definition of the administrative agreement should be based on the administrative superiority right,and should be based on litigation convenience standards.According to this standard,the administrative agreement established in Article 12(11)of the Administrative Procedure Law shall include,in addition to the two provisions specified by law,affordable housing leases,sale and purchase agreements,administrative settlement agreements,and investment promotion.Six kinds of investment agreements,etc.In addition,this paper also defines and explains the special government procurement agreements,intergovernmental strategic agreements,rural land contracting agreements and inter-agency agreements.