Research On Judicial Review Of Administrative Agreement

With the dual attributes of administration and agreement,the administrative agreement has played a significant role in the economic development and public service field by virtue of its unique characteristics of softness and flexibility,and has become an important part of China’s construction of service-oriented government and Chinese society ruled by law.Judicial review of administrative agreement disputes administrative agreement disputes through judicial channels and protect public interests and legal rights and interests of the counterpart of the agreement.Since 2014,when the Administrative Procedure Law officially entered the scope of administrative litigation cases,to 2019,when the Supreme People’s Court issued special interpretations on the hearing of administrative agreements,the legal provisions on administrative agreements have rough to gradually detailed.However,in the face of complicated and changing cases of administrative agreement,the judicial review system of administrative agreement still has some imperfections.This paper takes the existing legal norms as the background,from the theoretical research and judicial practice as the entry point,The unsolved problems in judicial review system of administrative agreement are analyzed based on real cases,and suggestions for improvement are put forward.It includes the following five aspects:first,it analyzes the difficulties in the identification of administrative agreement cases from the perspectives of legal provisions and practical trials,and puts forward a two-step proposal of combining formal standards with substantive standards;Secondly,from the three levels of plaintiff,defendant and interested party,it discusses the problems existing in the conditions of prosecution in China.And gives corresponding opinions on the plaintiff qualification of administrative organs and the judgment standards of interested parties.Thirdly,through the analysis of the administrative agreement,it is concluded that the burden of proof of the administrative agreement cases should not simply apply civil or administrative provisions,but should clarify the burden of proof of both parties by refining the liability content and optimizing the liability process.Fourth,from the legal provisions of analyze the deficiencies of the examination of administrative rights,and combined with the judgment of the connotation of public interests put forward from the procedure and content of the two aspects to improve the review mechanism;Fifth,considering the surging number of administrative agreement cases and the imperfect litigation settlement mechanism,it is proposed to introduce non-litigation channels to relieve the trial pressure.