Research On The Application Of Law In Invalid Cases Of Administrative Agreement

In today's China,with the continuous improvement of the rule of law system,the idea of ruling the country by law has gradually gone deep into the hearts of every Chinese,and the theory and practice of the rule of law of administration have also been developing constantly.In the process of administrative management,citizens' participation is getting higher and higher,and a new way of administrative management--administrative agreement has emerged as The Times require.In practice,the application of administrative agreement mode has achieved remarkable results,and with the increase of practical application,related disputes in judicial practice have become common.In order to improve the practical value of administrative agreement and solve the existing disputes,we need to first judge the effectiveness of the mode.Because the administrative agreement is the unity and integration of the administrative nature and the agreement nature,it needs to meet the relevant requirements of the administrative law rules and be regulated by the civil law rules to evaluate its invalidity.Due to the vagueness of the relevant legislation in China,there is no clear and unified path for the application of law in the determination of the invalidity of administrative agreement,which leads to confusion in the application of law in judicial practice.In view of the above situation,this paper,relying on the provisions on Several Issues concerning the trial of administrative agreement cases(2020),discusses and analyzes the invalid cases in the administrative agreement,and explains them from the perspective of applicable standards of law,in order to explain the invalid situation of administrative agreement in the theoretical level,so as to provide further reference for judicial practice.Based on the principle of the invalid field of administrative agreement,this paper discusses from the practical point of view of the application of law,summarizes the disadvantages and difficulties,and puts forward the idea of unifying the standard of the application of law.There are four chapters in this paper.The first chapter is the introduction.Firstly,it introduces the background and the research value of theory and practice.Then,it introduces the research methods and the research status at home and abroad.The second chapter explains the general principle of the invalidity of administrative agreement.Firstly,it defines the types of validity and the definition of invalidity of administrative agreement;Then,it further compares the similarities and differences between administrative act and administrative agreement,and between administrative agreement and civil contract.In the third chapter,based on the sample analysis,the author discusses the current situation of the application of the law to the cases of invalid administrative agreement and analyzes the disadvantages.The research perspective focuses on the legal provisions and judicial practice.Firstly,it vertically combs the development process of the legal provisions of the administrative agreement,finds out the norms about the determination of the invalidity of the administrative agreement from the judicial interpretation and the current legal documents,and analyzes the provisions about the invalidity,so as to provide support for the follow-up analysis of the existing problems;Then,on the basis of demonstration,the paper discusses the applicable basis of judicial practice in administrative and civil legal norms.From our country's judicial practice and legal status,we can extract the shortcomings of the application of law in the cases of invalid administrative agreement,that is,the concept of administrative agreement is not clear,and the standard of invalid administrative agreement is not unified;Finally,it analyzes the specific applicable legal rules in the trial of invalid administrative agreement cases in different fields one by one.The fourth chapter is the design of unifying the principles and rules of law application.Firstly,it expounds the necessity of unifying the application of law in cases of invalid administrative agreement;Then,in the determination of the invalidity of administrative agreement,it is proposed that the framework of administrative law and civil law should be combined to form a unified determination rule.