Studyon Review Standardsof Admi Nist Rative Agrement Cases

With the continuous advancement of the construction of the rule of law in China,the relationship between the administrative organ and the administrative counterpart gradually develops towards the direction of equality,in which the most obvious expression is the application of administrative agreement.The administrative agreement is that the administrative organ explores the potential of social capital through the use of social capital and then reduces the administrative cost.Therefore,the administrative agreement has been more and more applied in the process of social governance and government administration,but some problems have arisen to hinder the function of the administrative agreement.Therefore,in order to meet the needs of judicial adjudication,the Supreme People’s Court promulgated the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases(hereinafter referred to as the Judicial Interpretation of Administrative Agreement)on November 12,2019,which set off a new round of upsurge of research on administrative agreements.Therefore,this paper attempts to start from the basic theory and practice of administrative agreement cases,sort out the existing problems and the author’s thinking and suggestions on the problems,in order to enrich the review system of administrative agreement cases.The preface of this paper introduces the development context and practical significance of the administrative agreement,analyzes the current research status and achievements at home and abroad,and expounds the author’s thinking on the administrative agreement and some defects in this field by combining with specific research methods.The text is mainly divided into four parts.The first part introduces the basic theory of the review standard of administrative agreement cases,clarifies the meaning of the standard and its importance to administrative agreement cases,and on this basis sorts out and studies the relevant legal provisions of administrative agreement and the theoretical viewpoints of the academic circle.The second part of administrative agreement cases review practice analysis,released by the supreme people’s administrative agreement reference case and administrative review standards related cases and practical considerations,related practice situation,pointed out that at present our country administrative agreement cases some outstanding problems in the process of review:the legitimacy review of conflict,the agreement is invalid,unilateral termination right change,etc.The third part combs the administrative contract system outside China and the relevant experience and enlightenment,mainly from the perspective of common law system and civil law system,in order to enrich the content of knowledge,draw on the beneficial results of the review of foreign administrative contract,combined with the national conditions to further explore the administrative agreement case review system suitable for China.On the basis of the foregoing,the fourth part puts forward the ideas of perfecting the review standard system of administrative agreement cases in China.Firstly,it clarifies the basic principles of the review of administrative agreement cases,and secondly,it puts forward the review standard of administrative agreement cases:Adhere to the legality review and effectiveness review,explore the compliance review,and through the previous discussion put forward the specific path of classified review,the specific methods of the three review modes and different types of administrative agreements combined with cases to discuss,improve the structure of the paper.To sum up,as the product of the integration of the two,the administrative agreement should not only recognize the different power scope of the administrative organ from the past,but also have due respect for the civil law and pay attention to the consistency of the intention of both sides.Therefore,the review of such cases also needs the combination of administrative law and civil law,which should not only follow the administrative legal norms,but also fully respect the principle of autonomy of will.Under the current judicial framework of our country,we should try to solve the contradiction between prohibition without authorization of law and freedom without prohibition of law,so as to realize the effective connection between the two.