Research On Judicial Review Of Administrative Agreement

The concept of administrative agreement has been around for a long time,and it has been more and more widely used in judicial practice in our country.Administrative agencies have also increasingly applied administrative agreement to achieve public administrative tasks.Although the administrative agreement further expands the government’s governance path and promotes the improvement of the government’s administrative means,it has a far-reaching impact on my country’s social progress and people’s lives,but has not been given a clear attitude and regulations at the legislative level.Until 2015,the Administrative Procedure Law included administrative agreements for the first time in the scope of administrative litigation.The Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of the "Procedural Law of the People’s Republic of China"(hereinafter referred to as the "Interpretation")also issued in the same year.For the first time,the administrative agreement litigation was regulated.The above-mentioned regulations generally indicate the direction of judicial review of administrative agreements in our country.However,due to the ambiguity and uncertainty of the relevant legislation and judicial interpretation of administrative agreements,there are still many theoretical issues and judicial practice issues in the judicial review system of administrative agreements that need to be resolved.Its handling mechanism and application of laws are not perfect.Since the administrative agreement is both administrative and contractual,the judicial review system for administrative agreements still needs to draw on the relevant legal provisions of civil litigation.The administrative nature and contractuality of administrative agreements are the main thread that runs through the current problems of the judicial review system of administrative agreements in my country,and is also the main reason for the problems in the judicial review of administrative agreements in my country.This further deepens the judicial review of the administrative agreement.How should the judicial review of the administrative agreement balance the application of the relevant legal provisions of administrative litigation and civil litigation? How should the burden of proof for judicial review of administrative agreements be distributed,and what distribution rules should be applied? How to determine the scope of the judicial review of the administrative agreement?This is a problem that the judicial review system of the administrative agreement in our country is relatively vague or lacks a unified consensus in judicial practice.Such questions urgently need to be answered.The importance of administrative agreements is self-evident,and they are more special.In order to better meet the needs of the new functions of our government and the rapid development of society,it is imminent to improve the judicial review system of administrative agreements.This article is mainly divided into five parts,with "theoretical basis-existing problems-problem analysis-improvement measures" as the logical context of writing: The first part is the theoretical basis of judicial review of administrative agreements,in which the author focuses on administrative The establishment of the judicial review model of the agreement and the interpretation of the choice of the judicial review model of the administrative agreement in the judicial practice of our country in a relatively novel case form;the second part is the problems of the judicial review of the administrative agreement in the judicial practice.The scope of the administrative agreement is delineated,but it is still slightly narrow.The author combines the legislative background and the relevant circumstances in the current judicial practice to elaborate on this issue;the third part is the analysis of the causes of the problems in the judicial review of the administrative agreement.The development path,in which the author advocates relying on the administrative nature of the administrative agreement,and states the development path based on the administrative behavior as the benchmark and reviewing the relevant facts as the context to determine the scope of the judicial review of the administrative agreement;the fourth part is based on the judicial review system.From the perspective of the improvement and reflection of the administrative agreement.Due to the particularity of the administrative agreement itself,it is difficult to meet the frequent application and development of the administrative agreement in the current judicial practice in accordance with the "defendant’s burden of proof".Therefore,based on the content of the review,the author proposes to further clarify the administrative agency and The application suggestions of the administrative counterpart’s burden of proof;the fifth part is the conclusion.The author condenses and summarizes the contents of the four parts above and further extracts the key points contained in it,making it more logical and forming a complete context.Finally,the author has made an outlook on the future of judicial review of administrative agreements.Judicial review of administrative agreements and related fields have broad prospects like Xuyang.However,there are still many deficiencies in the current judicial review system of administrative agreements,and we still need to build the rule of law in the future Actively explore the difficulties in the field of judicial review of administrative agreements and make breakthroughs,further improve the judicial review system of administrative agreements,and lay a solid foundation for future legislation and judicial reform of the judicial review system of administrative agreements.