Research On The Law Application Rules Of Administrative Agreement Cases

Since the implementation of the new Administrative Litigation Law in 2015,the number of administrative agreements in China has been continuously increasing,which has led to the intensification of the application of its laws.Among them,the issue of the law applicable to the core status of the law is more controversial.The views of the academic and practical circles are also different.Therefore,this paper starts with the concept,characteristics and basic theory of the law application rules of administrative agreement cases,combined with China’s relevant application status and extraterritorial practice experience,in order to construct the legal application rules system of China’s administrative agreement cases.This article takes the law applicable to administrative agreement cases as the core,and is divided into four parts.The introduction introduces the need to study this issue.The first part of the text is a theoretical overview of the rules governing the application of administrative agreement cases.The law applicable to administrative agreement cases is a rule system that guides the people’s courts in handling disputes according to different administrative agreements,selecting different norms from administrative legal norms and civil legal norms.There are two main theoretical foundations,namely,“differential application theory” and “double-order theory”.These two theories are highly operable and have important guiding value for the construction of the legal application rules system of administrative agreement cases in China.The second part is an analysis of the status quo of application.It mainly interprets Article 14 of the Interpretation of the Supreme People’s Court on the Application of the Administrative Procedure Law of the People’s Republic of China(hereinafter referred to as the "Applicable Interpretation")and analyzes the cases in judicial practice.In the application of the law of administrative agreement cases,the specific rules of administrative law shall be applied as the highest priority,and the general principle of administrative law shall be applied first,and the civil law shall be added in the final application.Among them,the supplementary application of civil legal norms is generally applicable directly,rather than analogy.In addition,when applying administrative regulations,it is necessary to first review their legality.The third part mainly analyzes the legal application rules of French administrative contract cases and German public law contract cases,and compares and evaluates them.In French administrative contract cases,the courts apply the authority norms,the signing rules and other norms in turn,and comprehensively examine the whole process from contract conclusion to contract performance.In German public law contract cases,the courts mainly use the special regulations,and other provisions on administrative actions and the provisions of the German Civil Code supplement the law.The clear law application rules of France and Germany have important reference significance for the construction of China’s legal application rules system.The fourth part mainly puts forward the proposal to construct a legal application rule system for administrative agreement cases in China.The administrative agreement cases are divided into two types: administrative agreement cases that occur at the conclusion stage and administrative agreement cases that occur at the implementation stage.For the former case,the principle of differential application shall be followed.If the behavior of the administrative organ is examined,the administrative legal norms shall apply.If the behavior of the opposite person is examined,the civil legal norms shall apply;but in special circumstances,such as the signing of the agreement And the establishment of the problem can also be supplemented by the applicable civil law norms.In the latter case,in principle,the specific provisions of administrative law shall be applied in priority;if there is no express provision,the general principles of administrative law shall be applied first;and finally the applicable civil law norms shall be supplemented.In addition,there are some differences in the applicable rules on the four key issues of non-performance,unilateral change cancellation,contract effectiveness,and compensation standards.