| In theoretical research and judicial practice,administrative agreement identification has always been the starting point of administrative agreement dispute settlement.The standard of administrative agreement to identify this activity is derived from its definition.Because the theory of public-private law dichotomy is not stable,and it is too old to distinguish the new legal relationship.As a result,the definition of administrative agreement based on it cannot be determined.Because the definition of administrative agreement cannot be determined.Administrative agreement cannot be distinguished from civil contract.Therefore,the identification standard that is logically generated by the definition cannot be determined,and the referee cannot accurately identify the administrative agreement.Although the courts in our country are identifying the administrative agreement in the current practice,there are inherent defects in the standards they use now.The standards they use cannot effectively identify administrative agreements.Moreover,this situation has resulted in delay in dispute resolution and different judgments for the same case.Since there is no perfect standard to distinguish administrative agreement from civil contract in theory.Then the judicial activities aimed at resolving disputes should not continue to focus on the identification of administrative agreements.When legislating,the legislator should bring the relevant disputes of the contract that the party signing the contract is the administrative subject into the scope of accepting cases of administrative litigation.It is stipulated that in the litigation procedure of dispute settlement,the referee shall make use of the administrative procedure,and make reference to the application of all civil laws and regulations,and take into account the public interests and private interests to deal with the relevant disputes. |
