Judicial Determination Of Invalidity Of Administrative Agreement

Administrative agreement is a unique agreement in the content of administrative law,because in the legal relationship of administrative law,the two parties generally establish an unequal relationship,and the word "agreement" is the embodiment of equal relationship,so the title of administrative agreement itself is more difficult to understand.As for the current qualitative analysis of administrative agreement,scholars generally believe that administrative agreement has two properties: public law and private law.In the theory of administrative law,it has also been widely studied by scholars because of its unique two attributes.With the gradual increase of research,various problems for administrative agreement also follow.Among them,there are different opinions in academic circles on the judgment of its effectiveness.The effectiveness of administrative agreement is related to whether the administrative agreement can be fulfilled or not,and affects the work of judicial organs in the trial of the whole case.After the promulgation of the provisions on certain questions concerning administrative agreement cases in 2019,the effectiveness of administrative agreements has been defined as different types,and detailed provisions on specific effectiveness have been made.However,from the current legal provisions on administrative agreements,there are few legal provisions on the invalidity of administrative agreements.The law does not legislate separately on their invalidity,and the legal provisions that stipulate their invalidity are very scattered.The relevant provisions on their invalidity can be found in departmental laws of different levels.It is also difficult for judicial organs to make judgments on the effectiveness of administrative agreements in strict accordance with the provisions of the law.In view of the ineffectiveness of administrative agreement,this paper studies the identification of invalid state by means of empirical analysis,and retrieves the judgments made by courts at all levels from 2019 to 2021 trying to hear administrative agreement disputes.Most of the cases are administrative agreement cases after the administrative agreement "Regulations" and "Civil Code" came into effect.After retrieving relevant cases,the analysis found that courts at all levels fell into difficulties in the judicial determination of the invalidity of administrative agreements,such as unclear reasons for invalidity,unclear review principles and inconsistent application standards.These difficulties and disputes are not only difficult problems studied by many scholars,but also major problems faced by judicial organs.These disputes are urgent to be resolved.For this,we can analyze and explore the relevant identification ideas from three aspects: invalid causes,review principles and applicable standards.Starting from the study of the reasons for the invalidity of the administrative agreement,this paper makes a specific analysis of the situation in the case,especially the perspective of the judicial organ on the invalidity of the administrative agreement,classifies the reasons for the invalidity of the administrative agreement according to different judgment results,and studies the review principles and applicable standards through case comparison.Secondly,according to the analysis,this paper summarizes the systems and methods adopted by the court in making the Administrative Agreement invalid,and explores the important reasons for these problems.Finally,clarify the unclear reasons for invalidity and review principles,unify the problems of non-standard application standards,and then explore the general system of judicial determination of invalidity of administrative agreement,so as to form a certain theoretical system and serve the practical judicial practice.