Research On The Relief Ways Of The Party Breaching The Administrative Agreement

With the development of modern social services administration,payment administration concepts,2014 "Administrative Procedure Law" to modify the administrative relative who think the administrative body to perform the administrative agreement or the illegal change,the lifting of administrative agreements into the scope,but it does not provide the administrative body relief in the face of the administrative counterpart’s breach of contract.With such questions,the author conducts research on the remedies for breach of contract by the counterparty of the administrative agreement,and puts forward reasonable and feasible suggestions for improvement.The author divides the full text into five parts.The introduction of the first part introduces the research background and value,domestic and foreign research status and research methods.The second part is an overview part,which mainly introduces the connotation,type and nature of administrative agreements,the concept,characteristics and forms of counterparty’s breach of contract,and the necessity of counterparty’s breach of contract relief.The third part is to analyze the existing remedies for breach of contract by the administrative counterpart in my country,including administrative priority and application for court enforcement.Through analysis,it is found that the two remedies either have legal deficiencies or regulations.The fourth part is the provisions and enlightenment of the means of remedy for breach of contract by the counterparty of the extraterritorial administrative agreement.By comparing the experiences of the United States,the United Kingdom,France,and Germany,the author finds that the administrative priority entities and procedural laws of the four countries are relatively complete,and There are provisions for administrative entities to initiate litigation on administrative agreements.The fifth part is the improvement of the way of remedy for breach of contract by the counterparty of administrative agreements in our country.First,the perfection of the administrative body’s exercise of administrative priority requires a systematic regulation of the content of the administrative priority,and the procedural control of the administrative priority shall be strengthened through the notification system,reasoning system,and compensation system;secondly,the improvement of the administrative body’s application for court enforcement needs to be clarified.Implementation basis,improvement of prior notification procedures,and introduction of hearing procedures;finally,the establishment of a reverse administrative litigation system to demonstrate that reverse litigation is in line with the purpose of administrative litigation,can take benefit litigation as an opportunity,and is superior to one-way litigation,and propose to restrict reverse administrative litigation The applicable conditions of litigation,the adjustment of the scope of administrative litigation and the qualification of the plaintiff,the stipulation of the burden of proof and the time limit for litigation to construct the system.