Research On Judicial Determination Of The Invalid Administrative Agreement

With the development of the administrative law in China,the administrative agreement is more and more used in administrative management,and the lawsuit caused by administrative agreement is increasing year by year.The judicial confirmation of administrative agreement is mainly focused on its effectiveness by people’s court.The core content of the invalidity of an administrative agreement is its validity in that it means the agreement is invalid from the beginning and does not have any legal effect if the administrative agreement is deemed as the invalid by the people’s court,affecting the rights and obligations of the parties.The Administrative Procedure Law is included explicitly administrative agreement in the scope of accepting cases of administrative litigation in 2014,but it does not mention the judicial confirmation of invalid administrative agreement,resulting in many problems in the judicial confirmation of invalid administrative agreement in practice.The provisions on the trial of administrative agreement cases promulgated by the supreme people’s court has been widely recognized by the theoretical and practical circles in 2019,especially the provisions on the basis of judicial determination of invalid administrative agreement in article 12,which is the bright spot.However,this regulation does not respond to the problems existing in the judicial determination of invalid administrative agreements,and some problems is still not solved effectively.Therefore,this paper chooses the judicial determination of the invalid administrative agreement as the research object and discusses from four parts.The part one is the theoretical explanation of the judicial confirmation of invalid administrative agreement.To expound the concept of administrative agreement,to analyze characteristics on the line administrative,desirability and legality for administrative agreement,to distinguish the invalid and the valid administrative agreement,to point out the judicial cognizance of invalid administrative agreement having great significance on the administrative relative person’s legitimate rights and interests and supervising the administrative exercising administrative power in accordance with the law.The part two focuses on the status of judicial confirmation of the invalid administrative agreement.This part describes the legislative status of judicial confirmation of the invalid administrative agreement,summarizes the practice status of judicial confirmation of invalid administrative agreement and analyzes the identification of invalid cases under the civil law and the administrative law.The part three analyzes the problems and reasons of the judicial determination of the invalid administrative agreement.There are four problems in the judicial determination of invalid administrative agreement,which are not clearing the norms of the administrative law and the civil law,not attaching an importance to review of the administrative relative person ability,regarding all of the administrative agreement as the invalid for exceeding theadministrative authority and not grasping the meaning of social public interests,etc.What’s more,we analyze the reasons for the above problems.The part four is several idea of perfecting the judicial confirmation of the invalid administrative agreement.There are some advice given as the below.To clear the applicable norms under the administrative law and civil law,to review intensively the ability of the other party’s,to exclude from the invalid scope for the partial administrative subject exceeding the administrative authority,to grasp accurately the meaning of the social and public interests,etc.