Research On The Classification Of Administrative Agreement In China

Administrative agreements have been a hot topic in recent years.Whether in the theoretical or practical world,discussions on administrative agreements are flourishing.Nevertheless,the academic community’s focus on administrative agreements is ultimately based on the qualitative disputes of administrative agreements,and it is bound to the thinking model of "contract" and "contract".In fact,the administrative agreement system was originally a useful exploration of the coordinated execution of administrative powers.Administrative agreements ultimately belonged to the logical category of administrative actions.Administrative agreements were originally a way of state governance in order to better promote the implementation of the aims of executive power to administrative power and the other party of the benign communication,to achieve a win-win situation of interests among multiple subjects,and even to resolve complex social contradictions from the substantive level.In order to grasp the objective laws of the administrative agreement system and use the administrative agreement method to develop social governance more reasonably,it is necessary to conduct a classification study on the behavior of administrative agreements.If the concept is to recognize the origin of a thing,then the sorting and standardization can help to approach the original appearance of the thing and reveal the true characteristics of the thing.In addition,with the continuous growth of the administrative agreement system,problems and perplexities appear in reality,especially involving the judicial review of administrative agreements,the application of laws in administrative agreements,and the maintenance of the legitimate interests of multiple subjects in administrative agreements.At the beginning of a series of considerations,even for the ideal structure of administrative litigation,a basic,fundamental,and systematic theoretical response to the administrative agreement system is required.It is for this reason that in the dimension of state governance,the author agrees with the "behavior + power" thinking,puts administrative agreements in the framework of behavioral laws,and conducts a three-fold classification of administrative agreement behaviors in China.First of all,according to the characteristics of administrative agreement behavior,the legal and doctrinal standards for the identification of administrative agreement behavior were reformed,which also provided a useful reference for the construction of administrative litigation and the improvement of judicial review in the context of political system reform.Secondly,from the perspective of behavior law,the power is measured.According to the different roles of administrative power,the administrative agreement behavior is divided into three types: rigid administrative agreement behavior,neutral administrative agreement behavior,and flexible administrative agreement behavior.Finally,based on the starting point of national governance,the administrative agreement behavior was reclassified,and three types of rigid administrative agreement behavior under general governance,neutral administrative agreement behavior under participating governance,and flexible administrative agreement behavior under cooperative governance were proposed.And according to the different types of governance,explored the substantive settlement mechanism of administrative agreement behavior disputes,and constructed a dual model of judicial review and non-litigation path.In addition,from a universal standpoint,proper analysis is made of the governance propositions reflected by the three types of administrative agreement behaviors,which opens up ideas for the refinement of the theory and practice of administrative agreement systems in the future.Administrative agreement behavior is not only an expression of administrative behavior,but also one of the ways of state governance.It is also a condensed and epitome of social life,changing times,and mentality concepts,from "contract" to "agreement",from "compulsory" to "flexible" "From" single "to" multiple ",what changes is the title and form,what remains unchanged is the original intention of safeguarding national interests and protecting public interests.In the course of change and invariability,the historical evolution of the administrative agreement system has become a real witness to the development of the socialist rule of law with Chinese characteristics,and the fineness and standardization of the administrative agreement system is also one of the signs of the continuous improvement of the socialist system with Chinese characteristics.