Research On The Application Of Civil Law Norms To Determine The Validity Of Administrative Agreements

The Supreme People’s Court issued the "Regulations on Several Issues Concerning the Trial of Administrative Agreement Cases" in 2019.In which Article 12 stipulates that civil legal norms can be applied to administrative agreements,but does not clearly stipulate the criteria for review rules,which civil legal norms apply,and how The application of civil legal norms is also not mentioned inconsistent review rules,and "different judgments in the same case".demonstrate the legitimacy and necessity of applying administrative agreements to civil legal norms from the theoretical basis.The dualism of public and private law promotes the emergence of administrative agreements.Since administrative agreements are located in the interlaced area between public law and private law,the introduction of "hybrid contract" theory is more in line with administrative agreements and has the characteristics of both administrative and desirability.Then it sorts out the legislative and judicial practice status quo of the application of civil legal norms to administrative agreements in my country.Some current judicial interpretations of the Supreme People’s Court stipulate that civil legal norms can be applied in administrative agreements.In terms of the status quo of judicial practice,the past practice can be divided into three stages based on the number of cases,which can clearly show the process of applying civil law in administrative agreements from scratch.Secondly,by sorting out a batch of cases,it can be concluded that there are four modes for judges in hearing the validity of administrative agreements,namely "civil law priority mode","Administrative Law and Civil Legal Norms Emphasizing the Model".Among these four modes,the mode of equal emphasis on administrative law and civil legal norms is more suitable for my country’s administrative agreement system than other modes.As a way to apply civil legal norms in administrative agreements in line with my country’s national conditions,the standard of "distinguishing the application of public and private law" should be the principle,and "the common areas of public law and private law are directly applicable to civil legal norms" as an exception.Take "filling the loopholes in legal norms with the basic principles of administrative law" as the bottom line.this paper analyzes the specific rules for the validity review of administrative agreements applied in the Civil Code,including the establishment,entry into force,invalidity and revocation of administrative agreements.