On The Remedial Judgment Of Administrative Agreement Cases

As a judgment form of administrative litigation,remedial judgment also has its application in administrative agreement cases.This paper analyzes the application of remedial judgment in administrative agreement cases from the perspective of judicial practice.The first chapter analyzes the concept and nature of remedial judgment in cases of administrative agreement.Firstly,it defines the remedial judgment in cases of administrative agreement,and makes clear the specific concept of remedial judgment in cases of administrative agreement discussed in this paper.From the perspective of administrative law,this form of judgment is generally based on the fault of the administrative organ and lacks sufficient independence.From the civil point of view,the content of remedial judgment in administrative agreement case is similar to the liability for breach of contract in civil law.The second chapter,from the perspective of enacted law analysis the judgment form and the relationship between the administrative agreement cases,Start with the <Administrative Procedure Law of the People’s Republic of China>,The legislation of administrative agreement in our country has been improved constantly.At present,the most perfect provision on remedial judgment of administrative agreement is the <Provisions of the Supreme People’s Court on Some Issues Concerning Hearing Cases of Administrative Agreement>.This judicial interpretation stipulates the remedial judgment from three aspects: the case of the effectiveness of the administrative agreement,the case of the administrative preferential act and the case of the breach of contract by the administrative organ.The remedial judgment is an important form of the three administrative agreement cases.The third chapter discuss remedial judgment in the administrative agreement two main types used in the judicial practice,the judicial practice for the use of administrative agreement cases remedial decision mainly includes general remedial sentences and specific content of the remedial of two types,the former is due to a lack of specific content,thus to some extent,flaws,The content of the latter is enriched with the development of practice,should be as the main form of administrative agreement cases remedial judgment.The fourth chapter analyzes the relationship between remedial judgment and other statutory forms of judgment in administrative agreement cases.First of all,the new regulation for the first time connects the remedial judgment in the case of administrative agreement with the judgment to revoke the agreement or the judgment to confirm the invalidity of the agreement,which enables the application of remedial judgment in the case of the effectiveness of the administrative agreement.Secondly,in the case of administrative agreement,the remedial judgment and the continued performance of the judgment can order the defendant to be specific administrative acts,but the nature and application scenarios of the two are different.Thirdly,the remedial judgment and compensation judgment in administrative agreement cases are both based on the fault of the administrative organ,and both require the administrative organ to assume certain responsibilities.The application scenarios are similar,but there are also obvious differences.The application of the two cases always is in sequence,but sometimes they are used in certain circumstances.Finally,remedial judgment and circumstance judgment can be used together in administrative agreement cases.At the end of the paper,the author thinks that there is a possible direction to try to improve the choice of remedies.