Judicial Determination Of The Invalidity Of An Administrative Agreement

The validity of administrative agreement has always been the focus of the judicial practice and academic circles,especially the judicial confirmation of the invalidity of administrative agreement.The Supreme People's Court issued the Provisions on Several Issues concerning the Trial of Administrative Agreement Cases,which came into effect on January 1,2020.The issuance of the provisions provides a trial basis for handling administrative agreement disputes in judicial practice and provides an institutional guarantee for promoting the construction of a government ruled by law.It is worth noting that,in the face of the handling of complicated administrative agreement dispute cases,it is still necessary to read relevant legal provisions in detail,have a deep understanding of the legislative intention,and accurately apply relevant provisions of administrative agreement in practice,so as to avoid the situation of different judgments in the same case to the maximum extent.Since the administrative agreement has the dual properties of administration and agreement,the judicial organ usually considers the illegal act,the consequences of the illegal act,the influence on the public interest and other factors when determining whether the administrative agreement is invalid or not.Based on the administrative agreement related theory,administrative invalid judicial cognizance of the current situation and existing problems on the basis of fully research,the key to improve the system of administrative agreement invalid judicial cognizance puts forward some Suggestions,including: from the Angle of the set clear identified invalid benchmarks and elements unified administrative agreement invalid judicial cognizance rules;Strictly define the scope of invalidation of administrative agreements,and define the applicable limits of civil and administrative laws;Clarifying the subject qualification and authority of the administrative organ in the administrative agreement and the subject qualification of the other party in the administrative agreement;The methods and procedures for determining the validity of administrative agreements should be improved,and the specific cases of invalidity of administrative agreements should be clearly enumerated,in the hope of providing reference for the construction of a perfect administrative agreement validity determination system in China.