Research On The Legal Issues Of Administrative Agreement Litigation In China

The "Administrative Procedure Law of the People’s Republic of China" newly implemented on May 1,2015 clearly stipulates in the legal form that the administrative agreement is included in the scope of administrative litigation.This is a major revision of the Administrative Litigation Law of 1989,but the administrative litigation system centered on the legality of the conduct of the review cannot be adapted to the amendment of the administrative agreement case into the administrative litigation in the new Administrative Litigation Law initiated in 2015.The administrative agreement is different from the general civil contract and has the dual attributes of “administrative” and “contractual”.How to coordinate and construct the litigation system of the administrative agreement case has important theoretical and practical significance for implementing the legislative revision and judicial interpretation spirit.Based on this legislative amendment and the spirit of judicial interpretation,combined with the practice of the judicial substantive department,this paper intends to explore the legal issues of the concept of the administrative agreement,the scope of the case,the suitability of the parties,the application of the law,and the method of judgment,in order to find a way to comply with the administration of our country.The agreement establishes a path for litigation systems that are acceptable in both current theory and practice.This article will discuss the following aspects:First,after the introduction of the background and meaning of the introduction,the differences between the legal attributes of the administrative agreement,the administrative agreement and the civil and commercial contracts,and the comparative advantages of the administrative litigation in the administrative agreement disputes are discussed.Subsequently,it puts forward legal issues such as the scope of the“acceptance case”,the suitability of the parties,the law application and the method of case judgment.Secondly,it begins to analyze the scope of the case of administrative agreement cases.Firstly,it analyzes the main contents of the revision of the new law and judicial interpretation.Combined with the screening criteria of civil judges and administrative judges in the judicial practice of the Supreme Court,and the analysis of the reasons behind it,the principle of introducing proportionality is proposed.Respect the existing statutory scope of the case and clarify the scope of the "negative list" to improve the scope of the administrative agreement.Thirdly,it analyzes the eligibility of litigants in administrative agreement cases,sorts out the subjective qualification of plaintiff in administrative agreement cases and the standard of plaintiff qualification of third party in administrative litigation,and analyzes the plaintiff’s subject qualification and defendant subject in public interest litigation.Qualifications,focusing on the impact of the unqualified administrative agreement on the effectiveness of the agreement,and proposed to break the qualification defects through the subject conversion.Fourthly,it discusses the legal application of litigation in administrative agreement cases,analyzes the scope of application of the law in combination with theprovisions of the new Administrative Litigation Law and the Applicable Interpretation,and applies the law in the case of unilateral change of the administrative agreement and the violation of the administrative agreement.Analyze and propose methods and suggestions for filling the legal loopholes in administrative agreement cases.Finally,the author analyzes the litigation judgments in the administrative agreement cases.After studying the differences in the judgment methods of the administrative agreement cases,the differences between the judgment methods and the law application,the author analyzes the theoretical and practical reasons behind them and puts forward the administrative agreement.This thesis proposes applicable rules and basic path for making the judgments concerning administrative agreement cases.