Research On The Issues And Improvement Of Judicial Review Of Administrative Agreement

As government functions have changed from high-power administration to affirmative administration,administrative agreement has been widely used and played an increasingly important role in administrative affairs.In the"Administrative Procedure Law" of 2014,the administrative agreement was written into the scope of accepting cases of administrative litigation,which affirmed the existence of administrative agreement at the legislative level.Following this,six legal provisions in the the "Interpretation of the Administrative Procedure Law" of 2015 specified the judicial review of administrative agreement.Although these seven legal provisions about judicial review of administrative agreement in 2015 were deleted in the "Interpretation of the Administrative Procedure Law" of 2018,the "Interpretation of Administrative Agreement",with a total of 29 legal provisions,was then introduced in 2019,which made up for many gaps and deficiencies in the administrative agreement from the legislative level,developed the judicial review system of administrative agreement litigation in China and further achieved a great progress in administrative agreement from the legislative level in China.However,there are still many problems that need to be researched and solved urgently.The paper explores the problems in judicial review of administrative agreement in China through reading literature,searching for legal provisions and studying judicial cases,and then puts forward suggestions for improvement.In addition to the introduction and conclusion,the paper is divided into four parts:The first part is a basic overview of the judicial review of administrative agreement which includes four contents:the historical origins of bringing administrative agreement into judicial review of administrative litigation,the institutional innovation of the "interpretation of administrative agreements" of 2019,the five basic types of administrative agreement stipulated by law,summarizing the principles of judicial review of administrative agreement by combining legal provisions and judicial cases;The second part puts forward the issues existing in judicial review of administrative agreement.Based on the "interpretation of administrative agreement" of 2019 and combining theory with practice,the three major issues are ambiguity in administrative agreement,inconsistent identification standards of administrative agreement and controversial types of administrative agreement.And the above three major issues are discussed in detail;The third part provides some suggestions according to the above three major issues:identifying the nature of administrative agreement,unifying the identification standards of administrative agreement and analyzing the types of administrative agreement.In this way,these suggestions can play a certain guiding role in promoting the judicial administration of administrative agreement.