Research On The Standards Of Administrative Agreement Revocable Situation

Administrative Agreement is a new way of modern administrative activities.Through the agreement signed by the administrative organs and citizens,legal persons or other organizations,implement national interests and social public interests in the process of exercising administrative authority and performing administrative responsibilities.The government agreement is an inevitable result of meeting public social governance participation rights and public resource sharing rights after rapid development of economic and social development,and is also a specific embodiment of modern social service administration,paying administrative development concept.The probability of the Administrative Agreement was confirmed in the revision of the Administrative Procedure Law in 2014.He has indeed independently.However,there is no special law to regulate the administrative agreement on administrative agreements.In 2019,the Supreme People’s Court issued a number of issues of the Administrative Council’s case,and the following referred to as the Administrative Agreement Judicial Interpretation>)issued a special normative system for the Administrative Agreement.Among them,Article 14 of the Administrative Agreement Judicial Interpretation has made the revocation of administrative agreements,which is the first to make specific and specialized legal systems for the revocability of the administrative agreement.Review the past,in the judicial practice of China,the administrative agreement can be revoked,and the court tend to have two different standards: one is the application of the "Civil Code" regulations on the contract can be revoked,the other is to apply the provisions of Article 70 of the Administrative Litigation Law on Administrative Act to revoke the judgment.With the promulgation of the Administrative Agreement Judicial Interpretation,the third standard has emerged.Such a number of administrative agreements can be revoked,and this paper will discuss its applicable issues,discussing the limitations of the administrative agreement of the administrative agreement in the Administrative Agreement Judicial Interpretation,and try my best to make recommendations for the revocation of the administrative agreement.This paper is divided into four parts: Part 1 discusses the concept and value of the administrative agreement.The first is to analyze the administrative agreement and the concept of cancellation of the administrative agreement,summarizing the four characteristics of the administrative agreement,the four constituent elements of the administrative agreement were summarized,and the administrative and contractual analysis of the administrative agreement was analyzed.Second,compare and analyze the revocable administrative agreement with related concepts,if the administrative agreement with the distinction between the administrative agreement and the revocation of civil contracts,the administrative agreement with the evocation of administrative behavior can be revoked,and the essential differences of administrative agreements and invalid administrative agreements can be revoked.Finally,it is discussed the value of the administrative agreement to lay the theoretical basis for the exploitation standards of administrative agreements.The second part is to analyze the revocation standards of administrative agreements in China’s current judicial practice.It is mainly based on the case of the administrative law on the revocation of administrative actions and the case of the inventive contract in accordance with the civil law,the cases in many judicial practice have been introduced in the discussion of these two basis.It can be seen that these two basis are the most widely used in judicial practice,but also revealed the administrative agreement in China’s judicial practice.The third part is to discuss issues in the judicial practice of the identification standard of the administrative agreement,in the judicial practice,the identification standards of the administrative agreement can be revoked will be summarized as a single judgment standard and distinguishing judgment standard,single judgment criteria cut off the dual attribute of the administrative agreement,it is easy to produce the dilemma of the loss,distinguishing the judgment criteria consistent with the theoretical characteristics of the administrative agreement,it is difficult to operate in judicial practice due to rigidity of judgment standards.The fourth part proposes the perfect path of the identification standard of the administrative agreement to revoke the situation,and must have a deep understanding of the essence of the administrative agreement before exploring the path,secondly,it is proposed to recommend specific recommendations,the first is the balance of interest,and the interests of the various interests,the interests of the parties,and the "revocation" is best to maintain the agreement and administrative conclusions of administrative agreements,this is a balance standard for the administrative agreement.The second is to establish a standard for the revocation of administrative priority,and incorporate the administrative expertise in the discussion of the standards of the administrative agreement,which is conducive to systematic,dynamically solving the relevant standards of administrative agreement.The third is to establish a standard for the revocation of defects in the expression of will,which is aimed at the enlightenment of extraterritorial administrative agreement effectiveness status and proposes a way to improve from the defects in the expression of will.