On The Perfection Of The Solution Mechanism Of The Default Of The Relative Party In The Administrative Agreement

China is in the period of social transformation,and the development of economy and politics requires the transformation of government functions.In order to better promote the transformation of government functions and build a better service-oriented government,the administrative agreement arises at the historic moment.The administrative agreement has the characteristics of both public law and private law.It is a way of cooperation between public law and private law and flexible law enforcement.It is widely used because of its characteristics.However,the implementation of the administrative agreement inevitably produces some problems,so it is particularly important to stipulate the measures to solve this problem.Article24 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases Concerning Administrative Agreements issued in 2019 stipulates that an administrative organ may apply to the court for compulsory execution against the breach of contract by the counterpart.Careful study of this provision can find that the administrative nature is still relatively prominent,such as the judicial review of the enforcement of administrative organs did not carefully stipulate.If the conditions are too broad,even if the counterpart does not perform in the first place,it is easy to cause the abuse of public power in the process of the settlement mechanism,which will inevitably play a negative role in the promotion of the administrative agreement in the social transformation.Similarly,if the resolution mechanism is too single,it is easy to cause the accumulation of cases.Under the guidance of pursuing the principle of administrative efficiency,it is contrary to the realization of efficiency.In terms of the settlement mechanism of the default of the relative party in the administrative agreement,the author thinks that the standard clauses can be agreed upon in advance to protect the contractual nature of the administrative agreement in view of the prominent administrative nature of the way of compulsory execution by administrative organs.It is better for the court to review the application for execution from the formal review to the substantive review;Disputes that are not legally mandatory can be settled by arbitration.