Research On Issues Related To Administrative Agreements ——Analysis Based On The Case Of Ming Deng Food Factory

At the second session of the Seventh People’s Congress in 1989,we passed the first Administrative Litigation Law after the founding of the People’s Republic of China.The modern democratic legal system of protecting human rights has become the main principle of government legislation.In recent years,the Administrative Litigation Law has been continuously revised and improved,and more and more ordinary people have gradually realized that "people suing officials" is feasible and win-win.Therefore,the filing and handling of administrative cases has also been showing an increasing trend.In 2015,the "Administrative Litigation Law" ushered in its first revision after 24 years of implementation.For the first time,the new legal concept of "administrative agreement" was established from the level of positive law and included in it.In the field of case acceptance,this has also led to a substantial increase in the number of administrative agreements.Administrative agreement is an inevitable product of China’s modern economic and social development.It brings the traditional contract system into the category of modern public law construction.How to correctly grasp the judgment of its nature and distinguish the boundary between it and civil agreement is the key problem that must be solved at present.However,looking back at the formulation and history of national legislation and the academic exploration of the theoretical circles,it is not difficult to see that although various experts and scholars have focused a lot on the issue of determining the principles of administrative contracts,they have not been able to obtain uniform results.There is no standard uniform provision for reference.At the same time,we can see that in the process of the conclusion,compliance and implementation of an administrative contract,in addition to government agencies and administrative counterparts,there are other people who do not exist in the performance of the agreement,because its interests are inseparably related to the contract,we can call it the third party of the administrative agreement.It can also be said that it contains quite complex three-party or multi-party legal relationship.Sometimes government departments want to achieve administrative goals,and it is also based on the protection and consideration of public interests,and the government generally has preferential rights.However,in the process of implementation,the interests of third parties are often easily overlooked.In this case,this article introduces a specific case to analyze the criteria for judging administrative agreements,the basic categories of third parties,and issues related to the performance of duties by administrative organs.