Research On The Legal Application Of Invalidity Of Administrative Agreements

As an important administrative means in the development of modern administrative law,administrative agreement conforms to the concept of modern democratic politics and the diversification of administrative management.After the administrative agreement is clearly included in the scope of accepting cases in the administrative procedure law of China,the number of administrative agreement cases grows rapidly.However,when trying administrative agreement cases,the court often faces the dilemma of theoretical disputes and lack of specific legal rules.As an important part of the administrative agreement system,it is of great practical significance to determine the invalidity of administrative agreement.The reason why the validity of administrative agreement and the application of law are difficult is that administrative agreement is actually a special form between unilateral administrative act and common contract.This also determines the invalidation of administrative agreements and the existence of special legal application.Only when the subject is qualified,the content and procedure of the agreement are legal and the expression of intention is true,can the administrative agreement obtain the effect given by law.However,the administrative agreement with defects in the elements of effect is not necessarily invalid,and it may also be revoked or the effect is to be determined.At the same time,it is a problem of value judgment to determine the validity of administrative agreement,which needs to be combined with the theory of public and private law.In the judicial practice of our country,the judges mainly apply the invalid rules of administrative law and civil law,but limited to the imperfection of legislation and the lack of in-depth theoretical research,there is still confusion and ambiguity in the application of law.The application of civil law norms in the field of administrative agreements is not only due to the practical needs,but also the obligation that judges should perform in the process of judging.At the same time,the commonality of public law and private law affirms the feasibility of applying civil law norms to the field of administrative law,but based on the dual nature of administrative agreement,the legal application of the determination of administrative agreement invalidity should be unique.From the point of view of the defects that may exist in the subject,content and procedure of the administrative agreement,this paper analyzes the legal rules for thedetermination of the invalidity of the administrative agreement.There is no difference between the contracting qualification of one party of the administrative subject and the unilateral administrative act,while the tolerance of the defects of the qualification of the other party should be lower than that of the civil contract.At the same time,it is not suitable to directly deny the effectiveness of the administrative agreement for the different severity of the defects in the authority of the parties,and it is also necessary to specifically analyze whether there is the possibility of ratification.In order to analyze the influence of the defect of the agreement content on the effectiveness,we should combine the provisions of "significant and obvious" violation of the law and the provisions of the invalidity of the mandatory provisions of the civil contract,and measure the effectiveness of the administrative agreement from the perspective of social public interest damage,false expression of will and so on.In addition,the rule analysis of the invalidity of administrative agreements caused by procedural flaws should specifically examine the impact of procedural flaws on substantive rights and whether it is harmful to the public interest to directly determine the invalidity of agreements.