Research On Judicial Remedies Of Administrative Agreement

Administrative agreement is becoming more and more common in the field of administration,and its role is becoming more and more important.Accordingly,the dispute cases of administrative agreement are also increasing.But these are not perfect with our country’s administrative agreement legal norm,the judicial remedy is not systematical and forms more and more big contrast.In order to meet the needs of reality,the newly revised Administrative procedure Law of the people’s Republic of China has preliminary determined the way of administrative litigation relief to the administrative agreement.But need to further carry on the related theory discussion,the system consummation aspect is still many.This article mainly through the law analysis method,the literature analysis method and the comparison law and so on research method to the administrative agreement concept,the judicial relief carries on the elaboration.It is mainly divided into four parts.The first part mainly analyzes and compares the concept of administrative agreement at home and abroad,and then makes a detailed analysis of the nature of administrative agreement in our country.The second part mainly describes the supply and existing problems of judicial relief system of administrative agreement in our country,such as the scope of accepting cases is not comprehensive,the form of examination is single,the distribution of burden of proof is not clear,and the applicable situation of judgment is not clear.The third part mainly analyzes the judicial relief system of the extraterritorial administrative agreement,and gets the enlightenment to our country’s judicial remedy.The fourth part mainly puts forward some suggestions to perfect the judicial relief system of the administrative agreement,such as expanding the scope of accepting the case,enriching the content of the examination of the administrative agreement,and perfecting the burden of proof of the administrative agreement case.We will improve the way of adjudication of administrative agreement cases.