Research On The Judgment Standard Of Administrative Agreement

As a new method of national administration,administrative agreements are of great significance to the establishment of a service-oriented government and the realization of the modernization of the national governance system and governance capabilities.As the basic issue of the research on the administrative agreement system,the judgment standard of the administrative agreement has an important role that cannot be ignored.According to the feedback from judicial practice and the combing of theoretical viewpoints,our country presents a standard chaotic situation in the determination of administrative agreements.This is inseparable from the inherent dual attributes of "administrative" and "contractual" in administrative agreements.After experiencing the civil litigation model and the administrative agreement under the administrative litigation model,with the prosperity and development of my country’s social economy,it has shown a trend of expansion and application,which puts forward higher-level requirements for the determination of administrative agreements.The single standard theory represented by the subject theory,purpose theory,and legal relationship theory has the advantages of simple and quick operation,but also has its shortcomings,and it is inevitable that judgments based on one standard will inevitably lead to partiality and wrong judgment.The comprehensive standard said that although it can make a comprehensive judgment from many aspects and reduce the possibility of misjudgment,it also has disadvantages such as disordered and complicated operation and strong subjectivity.The "Judicial Interpretation of Administrative Agreements" implemented in 2020 adopts a method of defining and combining categories to try to solve the problem of judging standards for administrative agreements.According to this definition,elements such as subject,purpose,content,and meaning can be extracted as the basis for judgment,which is still essentially a comprehensive standard theory.However,because the regulations are too general and rough,it is difficult to achieve good contact with changing social practices.In the judgment of administrative agreements,the theory of standardized standards should be adopted,and the problem should be viewed from a comprehensive development perspective and carried out by formulating comprehensive standards.The standardized comprehensive standard takes the main body,purpose and content as the elements,emphasizing that the three elements are expanded and judged in the above order.This is an arrangement based on the connection and logic of the various elements.It can better grasp the core characteristics of the administrative agreement.It not only retains the advantages of the traditional comprehensive standard,but also compensates for its shortcomings,and can judge administrative agreements more accurately and effectively,so that the role of administrative agreements can be maximized.