Research On The Application Of Administrative Agreement Litigation Law

Administrative agreement is the product of the development of socialist market economy with Chinese characteristics and the embodiment of significant changes in government governance activities.After the revision of the administrative procedure law in 2015,the administrative agreement was included in the scope of accepting cases in administrative litigation.Corresponding provisions were set up in the judicial interpretation issued in the same year,and the framework of the administrative agreement litigation system was initially established in China.The newly promulgated<Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases> provides the people’s court with a new basis for trial,but at the same time,there are many problems in the understanding and application of the interpretation.Based on the current judicial situation of administrative agreement litigation in China,this paper uses the method of empirical analysis to retrieve the judgment documents of administrative agreement disputes that have been tried by the people’s court as the research samples,and combs out six problems in the application of law in administrative agreement litigation: the definition of the scope of accepting cases,whether to recognize beyond the authority,the choice of the limitation of action and the time limit for prosecution,and the invalidity of the agreement Determination,determination of the nature of the liability for breach of contract and selection of the way of adjudication.Learn from the experience of judicial practice,this paper makes a thorough analysis of the causes of the above problems,and then puts forward suggestions to solve the legal application of administrative agreement litigation in China from the following six aspects: first,relax the boundary of administ rative agreement identification,expand the scope of accepting cases of administrative agreement litigation appropriately;second,use the civil ratification system as the basis for the legality of ratification behavior According to;three is to clarify th e application of limitation of action;four is to judge the effectiveness of the agreement,with the priority of public interest as the standard;five is to bear the liability for breach of contract should fully compensate the loss of the opposite party;s ix is to break through the agreement of litigation and judgment,not only in response to the litigation request of the parties to choose the way of judgment.