Study On The Judicial Review Of The Validity Of Administrative Agreement

After the revision of the Administrative Procedure Law of the People’s Republic of China seven years ago,administrative agreements have been included in the scope of accepting cases in paragraph 11 of Article 12.When it is actionable administrative agreement cases has increased greatly.But the concrete system rules are more extensive,not on the entity rules of administrative agreement made specific provision,result in practice has produced many different connection phenomenon.In 2009,the supreme people’s court issued the "provisions on several issues concerning the trial of administrative agreement cases",which responded to such issues as the scope of cases accepted and the application of law,and had profound significance for the unification of the standards for handling cases.Because of the characteristics of administrative agreement itself,it is more complicated in the process of concrete application.At the same time,17 regulation is only responded to the part of the outstanding problems in the practice,there are still some fuzzy,controversial larger place,need further explanation.Validity review is the preemption and core issue of administrative agreement cases.Due to the vagueness of the provisions of the Administrative Procedure Law,there are disputes on the determination of the validity of the administrative agreement in the courts of different places.In practice,disputes are particularly prominent,such as the time limit for invalid prosecution,the standards for confirming the invalidity of the agreement and revoking the agreement,and the application of administrative preferential rights,which need to be further discussed.This paper adopts the method of case analysis to observe and think about the review of the effectiveness of administrative agreements.In view of the above problems,it tries to construct the mechanism of the review of the effectiveness of administrative agreements in our country.Specifically,it should determine the administrative review system of the time limit of the invalid prosecution of administrative agreements,and unify the review standards of the invalid administrative agreements.