On The Application Of Civil Legal Norms In Administrative Agreement Cases

The emergence of cooperative government has strengthened cooperation between the executive branch and its administrative counterpart,and has given rise to administrative agreements,a model for the management of public affairs by the executive branch.In recent years,the growth of administrative agreement dispute cases has exposed the loopholes in administrative legal norms,and at the same time,some local courts are affected by the traditional administrative review ideas,resulting in the administrative and contractual fragmentation of administrative agreements,resulting in the phenomenon of different judgments in the same case.In practice,disputes over administrative agreements,such as housing expropriation compensation agreements,are in a state of confusion regarding the application of civil law norms.Some local courts focus only on reviewing the legality of housing expropriation compensation agreements,while ignoring the contractual nature,resulting in legal and unreasonable trial results.The Administrative Agreement Provisions,published by the Supreme People's Court in December 2019,clearly provides for the application of civil law norms in hearing administrative agreement cases.Firstly,for the validity of administrative agreements,civil law norms can be directly applied;secondly,for other dispute situations of administrative agreements,reference can only be made to the relevant provisions of civil contracts in the applicable civil law norms.This provision distinguishes between the cases of administrative agreements,and conducts a comprehensive review of the administrative and contractual nature of the invalid cases of strong unlawfulness;for other cases of administrative agreements,while safeguarding the administrative interests of administrative organs while fully balancing the rights of both parties,the contractual nature of administrative agreements cannot be ignored.It follows that the Administrative Agreement Certain Provisions distinguish between the processes of administrative agreement cases,each of which has different applicable rules.In this way,without prejudice to the public interest of the State,it is possible both to limit the powers of the executive authorities and to guarantee the exercise of the rights of administrative counterparts.