An Empirical Study On The Judicial Review System Of Administrative Agreement

The development of administrative agreement has gone through three stages:Administrative auxiliary means,administrative mode reform and actionable recognition.Before 2015,there were many discussions on the establishment of the judicial review system of administrative agreement in the academic circle.After the amendment of the administrative procedure law in 2015,a large number of administrative agreement cases rushed into the court rapidly,and the judicial review system of administrative agreement gradually became clear.On December 10,2019,the Supreme People’s court announced the provisions of the Supreme People’s Court on Several Issues concerning the trial of administrative agreement cases,which made special provisions on the trial of administrative agreement cases and set up a basic framework for the judicial review system of administrative agreements.According to the analysis of 994 judicial documents,administrative agreement cases mainly involve expropriation,resource management,public affairs management and other fields.The trial tasks are mainly concentrated in the grass-roots courts and intermediate people’s courts,and the appeal rate of the cases is high.From the perspective of law application,the trial of administrative agreement cases is mainly based on the application of administrative laws and judicial interpretations,and civil laws and regulations can be applied,but it is mainly concentrated in the field of contract law.The frequency of application of administrative laws and local laws and regulations is relatively low,which is mainly applicable to cases involving specific matters and administrative regions.From the perspective of specific circumstances,the review results of administrative agreement cases can be summarized It includes five categories: rejection,performance,invalid confirmation,illegal confirmation and cancellation or change,while the basis of application of the judgment includes procedural illegal,substantive illegal,lack of factual basis and other reasons.After five years of experience in the judicial review of administrative agreement,certain rules have been formed in the trial of administrative agreement cases.In terms of the acceptance of administrative cases,although administrative agreement cases have the characteristics of agreement,they should still follow the basic principle of the constant subject of administrative litigation.At the same time,combined with the facts of the case,on the basis of clarifying the nature of the agreement involved in the case,it is necessary to determine whether the case can enter into the review process of administrative litigation entities.In the process of administrative litigation entity review,judges should follow the basic concept of "fairness and justice" and take substantive dispute resolution as the goal.However,for the problems that are not clear in the current law but have appeared in practice,such as whether the administrative agreement should fulfill its obligations and whether it should fulfill its obligations in a timely manner,the burden of proof that should be borne by both parties for different litigation claims,etc.,we should fully consider the original interests and the work reality of the administrative organ,and make a fair judgment in combination with the law.Finally,the trial results of administrative agreement cases are still dominated by the types of current legal norms and practices,insisting on the purpose of administrative litigation to protect the legitimate interests of the people and supervise the administrative organs to perform their duties according to law.