Research On The Effectiveness Content Of The Administrative Agreement

An administrative act full of cooperative ideas——the administrative agreement,It has been widely used in the field of public administration in China.It not only enriched the means of public administration,but also improved the administrative efficiency,reduced the administrative cost,and enhanced the consultation and cooperation between the government and the people.Through the net in the legal document retrieval in China,can be found that the administrative agreement dispute is more and more to enter the court with the 2014 new modified "administrative procedural law" showed that administrative agreement disputes should be brought into the scope of accepting cases of administrative litigation.But through the study of the specific administrative agreement cases,it can be seen that the present court faces the difficulties that specific theoretical and legal rules in the case of administrative agreements are insufficient.In this paper,the effectiveness content of the administrative agreement system is studied,because the settlement of administrative agreement dispute is based on the validity of administrative agreement.Since the administrative agreement is both an agreement act and an administrative act,the judgment content of administrative agreement presents certain complexity,it is essential to judge its effectiveness by use that rule of civil law,or to judge its effectiveness by using the rule of administrative law.Then for this issue,the effectiveness of the administrative agreement has become a fundamental issue,if the content of the administrative agreement is solved,the new administrative act of regulating the administrative agreement will become clearer and clearer.In addition to the introduction,this paper is divided into five parts.The introduction explains the origin,research significance,research status,research methods and innovation points of this paper.The first part is to define the effectiveness of the administrative agreement.Through the detail analysis of the effectiveness of administrative act and the effectiveness of private law agreement,the specific connotation and content of the effectiveness of the administrative agreement are obtained.And it can help us to clarify the effectiveness of the administrative agreement and to frame the scope of the content of the administrative agreement discussed in this article.The second part analyzes the duality of the content of administrative agreement,which isto analyze the particularity of administrative agreement on the philosophical basis of the theory of cooperation.Firstly,the characteristics of administrative agreement are analyzed.Secondly,it probes into the administrative and contractual properties of administrative agreement.It also understands the particularity of administrative agreement from the public and private interests,power and right,equality and inequality.Finally,the administrative agreement is compared with the civil contract and the unilateral administrative act,so as to better understand the similarities and differences between each other.The third part discusses the effective content of administrative agreement comprehensively and concretely.Firstly,it discusses the possible applicable legal rules of administrative agreements that based on the particularity of administrative agreement,moreover,the principle of administrative jurisprudence is returned,and puts forward that the effectiveness content of the administrative agreement should be explored and analyzed according to presumptive legality,determine force,binding force and execution force of administrative law.Secondly,by combining the validity of private law agreement,the content of the effectiveness of the administrative act is further clarified.Finally,the effectiveness content of the administrative agreement is analyzed one by one,and through the specific analysis of each effectiveness,the scope of the validity of the administrative agreement is obtained.The fourth part focuses on the relationship between the effectiveness and effectiveness of administrative agreements.Due to the effectiveness of the administrative agreement content is the basis of the administrative agreement administrative soul,and the effectiveness of the administrative agreement state is one of the most important aspects of the judicial review,no matter in theory or in practice,the two are connected.Therefore,this part focuses on the relationship between the effectiveness of administrative agreements and the defects of administrative agreements.The fifth part summarizes the main points of the thesis and clarifies the effectiveness content of administrative agreement and its related issues.The research on the effectiveness content of the administrative agreement can better clarify the nature of the administrative agreement and contribute to the study of the effectiveness of the administrative agreement.Finally,with the theory and practice of administrative agreement system more in-depth and meticulous research,the effectiveness of the administrative agreement judgment theory and rules will be more improved,and the administrative agreement disputes will be resolved more reasonably.