Research On Judicial Review Of Revocable Administrative Agreement

After the "Supreme People’s Court Regulations on Several Issues Concerning the Trial of Administrative Agreement Cases" officially came into effect in 2020,the revocability of administrative agreements was finally determined in the form of judicial interpretations,which to a certain extent solved the previous judicial practice.There is confusion about the applicable legal basis,but some other issues remain.This paper adopts the research method of empirical analysis,reads and summarizes more than 700 cases of revocable administrative agreement in judicial practice that can be retrieved before and after the introduction of the "Supreme People’s Court Regulations on Several Issues Concerning the Trial of Administrative Agreement Cases",analyzes the current situation and causes,and finds that the cases of revocable administrative agreement are in the current situation.In judicial practice,there are still problems such as ignoring the review of the legitimacy of administrative agreements,difficulty in providing evidence for the plaintiff,inaccurate understanding of relevant concepts,and conflicts between personal interests and public interests.In response to the above problems,this paper proposes the following solutions: first,the review should take into account both the administrative nature and the agreement;second,raccurately understand and apply in judicial review related concepts;third,reduce the burden of proof of the plaintiff in the case of revocable administrative agreement;fourth,adhere to the principle of weighing interests in case adjudication.It is hoped that the summary and analysis of the cases and the corresponding measures proposed will help to construct and further clarify the system of administrative agreement judgment methods,which will have positive significance for the judgments of related cases,so as to have a certain impact on the judgments of specific cases in future judicial practice.