An Analysis Of The Cases Of Civil Rules In The Practice Of Administrative Agreement Trial

For a long time,in the judicial practice of China’s administrative agreement,there are cases where civil rules are used as the basis for adjudication,but there are still many deficiencies in the aspects of standardization,systematization.In the situation where the legal profession in Chi na has not reached a consensus on the nature of administrative agreements,the signals released in the Administrative Procedure Law and judicial interpretations in recent years can be summarized into three points: The first is that although it is called th e administrative agreement,and it is often filed in administrative litigation in administrative judicial practice,it has not confirmed that the administrative agreement should be included in the scope of administrative regulations;Second,when the court is trying an administ rative case,it can use the relevant provisions of the Civil Procedure Law when procedural matters such as period service,court hearing,summary procedure,execution,etc.;The third is specifically the question of whether civil law norms can be invoked i n administrative agreements.The 2015 judicial interpretation gave conditional affirmation,that is,if it is clearly a dispute of administrative agreement,it can be mandatory without violating administrative law and administrative procedure.At the end of 2019,the promulgation of the “Provisions on Several Issues in the Trial of Administrative Agreement Cases” by the Supreme Court responded to the above three signals to a large extent and became the focus of attention for a while.The author’s original intention in writing this article was to review the previous judicial practice at the time of the special interpretation of the administrative agreement,and set the search conditions to select cases of civil rule in the administrative agreement case.Specifically,obtained Several sample judgments through screening and used it as the basic material for this case study.On a macro level,scan and comment on the case from the time of judgment,court level,region and situation of recourse;On the micro level,starting from typical cases,looking into the dispute points,understanding and grasping the profound logic behind the application of civil rules in administrative agreement cases.The aim is to find out and find out the blind spots and deficiencies of the existing operating mechanism through comprehensive and in-depth analysis.Finally,it puts forward three ways to solve the problem: establishing the system status and procedural norms of administrative agreements at the level of enacting laws,estab lishing a clarification system for individual cases of administrative agreements,and enumerating provisions on the scope and limits of civil rules.And help the orderly and proper resolution of administrative agreement disputes.