Research On The Dispute Resolution Mechanism Of Administrative Agreement

In 2014,the amendment to the administrative procedure law of the People’s Republic of China defined the disputes of compensation agreement and franchise agreement for land and housing expropriation as the cases accepted by the administrative litigation mechanism.The provisions of the Supreme People’s Court on the trial of administrative agreement cases,which came into effect on January 1,2020,also defined the agreement on the transfer of the right to the use of natural resources in countries such as mining rights,the agreement on the sale and lease of indemnificatory housing invested by the government,and the dispute over the agreement on cooperation between the government and society as administrative agreement disputes,which were included in the scope of administrative agreement cases.However,in practice,there are also agreements signed by administrative organs,such as interest litigation and interest litigation agreements,project(Development)agreements,medical insurance agreements,education agreements,etc.,the nature of which needs to be identified.However,in judicial practice,civil court judges and administrative court judges identify administrative agreements The standard of discussion is not the same,which will lead to the phenomenon of different judgments for the same case.In addition,there will also be the phenomenon that administrative organs have no access to litigation.The contribution and innovation of this paper are as follows: first,improve the theory of administrative behavior.The author thinks that administrative behavior includes abstract administrative behavior,specific administrative behavior,administrative guidance behavior,and administrative agreement behavior,among which administrative agreement behavior includes the formation,performance,change,termination,and termination of administrative agreement.Second,put forward the concept of government contract.The author thinks that government contract refers to the contract signed by the administrative organ,including administrative agreement and civil contract.Third,redefine the concept of administrative agreement.Administrative agreement refers to the agreement reached between the administrative subject and the counterpart directly related to the interests of citizens or the interests of the state.Fourth,optimize the administrative agreement non litigation settlement mechanism.The establishment of an effective consultation mechanism clearly stipulates that when the government decides to expropriate,it shall listen to the opinions of the majority and be supervised by the Standing Committee of the local people’s Congress.Making special rules of administrative agreement arbitration.