Research On Legal Issues Of Judicial Relief In Administrative Agreement

Under the wave of the transformation of government functions in our country,administrative agreements are increasingly playing an important role in the administrative management of counterparties or the provision of public services by administrative agencies.However,compared with the extensive use of administrative agreements at the level of law enforcement,there is no matching relief system established at the judicial level,which cannot effectively resolve disputes arising from administrative agreements.In view of this,the Administrative Litigation Law revised in 2014 incorporated administrative agreements into the field of administrative litigation,and officially opened the construction of the judicial relief system for administrative agreements.However,the provisions only provide for some agreements and the conditions for litigation,resulting in a lack of actual application of the law.The specific guidelines have caused the judges to be at a loss as to what to do.As of 2019,the promulgation of judicial interpretations related to administrative agreements marked the further improvement of the judicial relief system of administrative agreements and helped settle disputes.However,it is undeniable that the judicial interpretation,as an extension of the administrative procedure law,determines that its effect is limited and cannot fully solve more problems in the field of administrative agreements.At the same time,because the research on administrative agreements and judicial practice are still in its infancy,this interpretation has also caused some problems when it is introduced.It is still necessary to analyze and discuss how to implement more appropriate remedies for administrative agreements.From the structure and content of the paper.This article includes an introduction and four chapters.The first part is the introduction,which mainly introduces the relevant background and research status of the topic selected in this article.In the research status,it mainly introduces the research results of the civil law system countries and regions on the administrative agreement and the research content of the mainland of China at different stages.In addition,this part also introduces the research methods of this article.The first chapter of the thesis is about the basic issues of administrative agreement judicial relief,which is mainly divided into three parts.The first part is an overview of the administrative agreement,including the five major elements that constitute the concept of the administrative agreement(subject element,purpose element,responsibility element,meaning element,content element),the type of administrative agreement,and the administrative and contractual attributes of the administrative agreement.The second part is the theoretical divergence of administrative agreements,which mainly introduces the differences between civil law scholars and administrative law scholars in judging the nature of certain agreements.The third part is an overview of judicial relief in administrative agreements.The first is to introduce the connotation and types of judicial relief in administrative agreements.The second is to introduce the basis and degree of invoking the principles of civil law in judicial relief of administrative agreements.The third is to clarify the special judicial relief of administrative agreements.It has its particularity in terms of judgment standards,review rules and burden of proof.The second chapter of the thesis introduces the status quo of judicial relief for administrative agreements,which is mainly divided into two parts.The first is the current legislative situation.Based on the "Applicable Interpretation" and "Administrative Agreement Interpretation",it explains the inheritance and innovation of the current regulations to the old regulations.In addition,it also clarifies that the promulgation of this judicial interpretation has implications for my country’s administration.The practical significance of the judicial relief of the agreement;the second is the status quo of the adjudication,expounding the main characteristics of the administrative agreement and its judicial relief in the judicial practice.It mainly includes three major characteristics,namely,the huge volume of cases involving administrative agreements,the frequent occurrence of expropriation and compensation agreements,and the determination of the nature of unnamed agreements are the core of judicial relief.The third chapter of the thesis is about the problems in the judicial relief of administrative agreements.It mainly includes three main contents.The first is the defects in the legal provisions of the administrative agreements,mainly due to the flaws in the legal application of the revocable situation and the insufficient legitimacy of non-litigation enforcement.;Second,there is a lack of judicial relief,mainly due to the lack of a legal basis for judicial relief of administrative agreements and the absence of a relief system of administrative agencies;third,the nameless administrative agreement cannot be effectively identified.Therefore,in response to the five major problems in the above three categories,this article proposes targeted solutions in Chapter 4,by clarifying the applicable laws of revocable circumstances,solving the legitimacy of non-litigation enforcement in stages,and speeding up the construction of administrative agreement laws.The system,the introduction of a two-way litigation mechanism for administrative agreements,and the improvement of the rules for discriminating unnamed administrative agreements will solve various problems arising in the judicial relief of administrative agreements.