The Determination Of Invalid Administrative Agreement In Judicial Practice In China

Since the promulgation of the newly amended Administrative Litigation Law in 2015,administrative agreements have entered the scope of cases and the number of cases related to administrative agreements has increased day by day,especially after the adoption of the Regulations on the Trial of Certain Issues in Administrative Agreement Cases.Administrative agreement is one of the important channels for the public to participate in social management,which is an agreement between administrative organs and private parties in order to realize the purpose of administration or public service.Under the background of china’s transition from "management-oriented" government to "service-oriented" government,it is necessary to study the administrative agreement in depth.Administrative agreement has two attributes in theory,both administrative and contractual.The coexistence of the two attributes leads to the differences in the handling of the cases of examining the effectiveness of administrative agreements and confirming the invalidity of administrative agreements in judicial practice.As a result,different decisions were made in the same case.The reason is that the current administrative legal norms on invalid administrative agreement provisions are not specific and clear enough.Therefore,the focus of this paper is on the issues related to the invalidity of administrative agreement.And on the premise of summing up the status quo of the invalidity of administrative agreement in China,this paper will explore the specific measures to better the invalidity of administrative agreement system.The current situation of invalidity determination of administrative agreement in China has been analyzed and discussed after figuring out the relevant concepts of administrative agreement.And a large number of cases in which the administrative agreement is invalid were collected and analyzed since 2015,so as to get to know the main positions and views of the courts on the administrative agreement invalidity.Combining the specific cases,the paper summarizes the current situation from three aspects so as to reflect the status quo of the invalidity of the administrative agreement of our country as truthfully and comprehensively as possible.After analyzing the present situation combined with the real cases in practice,it points out the problems existing in the invalidity determination of the administrative agreement,including the standard is not uniform,the lack of relief after the invalidity,and the procedure of invalidation of administrative agreement is not perfect.Finally,this paper puts forward some suggestions for perfecting the existing problems of invalidity determination of administrative agreement in practice.It suggests constructing the standard,perfecting the relief,and unifying the procedural rules of invalidity determination of administrative agreement.