On Judicial Review Of Interpretation Of Administrative Agreements

The litigation cases of administrative agreements are increasing continuously,among which the cases involving disputes over the interpretation of administrative agreements are not in the minority.At present,the judicial review rules of the interpretation of administrative agreements have not been clearly defined in Chinese legal norms.In the existing judicial judgment,there are mainly two ways of judicial review of administrative agreement interpretation: the public law mode and the private law mode.However,in China’s judicial practice,there is a lack of uniform standard for the selection of the review path of the mode of public and private law,which leads to some courts choosing the review path at will,resulting in the phenomenon of different trials of the same case,and deviation in the final judicial determination result.The main difference between the public law model and the private law model is as follows:in the case of the application of the public law model,the court recognizes the priority right of interpretation of the relevant administrative organs,and the court reviews on the basis of the interpretation of the relevant administrative organs;The court is the only subject that has the right to interpret when the private law model is applied.The court directly interprets the disputed clauses after finding out the facts of the case.At the same time,in judicial practice,when trying cases involving disputes over the interpretation of administrative agreements,there is a great controversy over which elements should be examined to determine the true meaning of the disputed clauses.In short,the existing rules of administrative agreement interpretation of judicial review in judicial adjudication need to be improved.It is the inherent requirement of the two basic attributes of the administrative agreement to apply the split mode to deal with the legal relationship of the administrative agreement.The administrative agreement integrates the administrative elements with the contractual elements,and the contents of the contract clauses pointed to by the administrative nature come from the provisions of laws,regulations and rules,or involve the provisions of administrative normative documents,or are determined by the administrative acts prior to the conclusion of the administrative agreement.Contractual refers to the content of the contract from the agreement of the two parties.In the judicial review of the interpretation of administrative agreement,both the public law and the private law modes of review have the applicable basis.The contract clauses directed by administration should be examined in the mode of public law.The contractual clauses should be examined in the mode of private law.The key is to perfect the rules of judicial review on the interpretation of administrative agreements and standardize the specific contents of judicial review.If the public law model is applied,the court should strictly examine whether the interpretation of relevant administrative organs has legal effect.In the case of the application of private law mode review,the court should interpret the disputed clauses by comprehensively applying the interpretation rules determined by the contract law and considering the management objectives of the administrative agreement and the protection of public interests.