Study On The Judicial Review Strength Of Administrative Agreement Cases

The study of administrative agreement behavior has long been an important part of the administrative law discipline.However,due to the intersection of administrative agreements and civil contracts in civil law,there are some disagreements from theory to judicial practice.For the administrative agreement,the previous research mostly focused on the entity level,while the procedural issues were neglected,which confuses the legal application of civil procedures and administrative procedures,or unreasonably divides the intensity of judicial review,which increases the complaints of the parties.It also wastes judicial resources.Therefore,a review that is compatible with the administrative agreement is essential,and the clarification of the intensity of the review in the process also helps to reflect the administrative agreement itself.In the "Interpretation of Several Issues Concerning the Application of the Administrative Procedure Law of the People's Republic of China" promulgated by the Supreme Court in 2015,it has very clearly increased the content of judicial review of administrative agreements,including the scope of the case,the review criteria,and the legal basis.However,this provision was abolished in the judicial interpretation of 2018.On May 28,2018,the Supreme Court issued an opinion draft on the judicial interpretation of the administrative agreement,and finally gradually opened up some fog for the administrative agreement and its review intensity,although the opinion draft still stays at the stage of soliciting opinions,many contents.It is still vague,but from this draft,it is not difficult to see a general direction of the administrative agreement and the individual trends in the intensity of judicial review.This paper starts with the judicial review intensity of the administrative agreement,discusses the concept of the agreement itself,the extension of judicial review,and explores the operability standards and specific application paths of judicial review intensity.Among them,the “third-order” model was conceived.According to the legality and reasonableness contained in the current litigation law,and the three levels of contract increase were discussed,a multi-dimensional and multi-level trial standard was established for the examination intensity of the administrative agreement.And conceive the feasibility of the application of this model,in order to have a more complete understanding of the intensity of the review of the administrative agreement,in order to prevent the lack of litigation checks and balances,while avoiding excessive interference,so as to properly resolve the disputes and contradictions of the agreement,to achieve administrative Guarantee and realization of the purpose of the agreement public interest.