Research On Verdict Methods Of Administrative Agreement

When the Administrative Procedure Code was amended in 2014,the administrative agreement was included in the scope of the administrative proceedings,and four types of judgments,including the continuation of performance,were provided for in article 78.Articles 11 to 16 of the Judicial Interpretation Division introduced in 2015 provide for the definition of administrative agreements,the jurisdiction of the relevant courts,the law to be applied and the manner in which decisions are made.However,the provisions are relatively simple and the corresponding legal provisions are weak,and there are still a lot of questions to be answered.With the introduction of a new judicial interpretation in 2018,the judicial interpretation was abolished at the same time.In November 2019,the Supreme people’s Court announced“The Provisions of the Supreme People’s Court on Certain Issues in the Trial of Administrative Agreement Cases”,which regulate how people’s courts hear cases of administrative agreements,and further clarify the way of adjudication and the conditions for their application.This paper analyzes a large number of administrative agreement cases and finds that the application of administrative agreement cases in trial practice is confused.Although on the whole,when the court makes the judgment on the administrative agreement case,it is no longer confined to the judgment mode stipulated in the traditional administrative litigation,but due to the lack of clear legal provisions,the applicable judgment mode of each court to the administrative agreement case has not formed a unified applicable rule,resulting in the lack of coverage of the judgment mode,the inconsistent applicable conditions of the judgment,and the substantive settlement of the administrative agreement dispute.The reason for these problems lies in the lack of understanding of the dual attributes of administrative agreements and the inability to accurately measure public and personal interests in administrative agreement disputes.On the premise of accurately grasping the dual attributes of administrative agreement and balancing social public and private interests,the administrative agreement case judgment mode is added,the applicable conditions of each judgment mode are clarified,The judgment system of administrative agreement cases is constructed.However,how to further improve the administrative agreement case judgment system still needs us to think about,the theoretical level of institutional innovation and judicial practice level of experience accumulation are indispensable.The main research contents of this paper are divided into four parts: The first part introduces the basic theory of the judgment mode of the administrative agreement case,clarifies the concept of the administrative agreement and the administrative agreement case judgment mode and the difference between the administrative agreement and the civil contract,and combs the relationship between the administrative agreement case judgment mode and the traditional administrative litigation judgment mode,and points out that the two are the cross relationship rather than the same relationship.Some traditional administrative litigation judgment methods can be applied to administrative agreement cases,and some traditional administrative litigation judgment methods can not give full play to their value in administrative agreement cases.The second part is to analyze the judgment mode of administrative agreement cases in the judicial practice of our country,and to analyze the judgment mode of administrative agreement cases in judicial practice of our country.The third part analyzes the causes of the problems existing in the judgment mode of administrative agreement cases in our country,and points out that it is precisely because of the uneven measurement of public and private interests,excessive magnification of the administrative attributes of administrative agreements and neglect of their administrative attributes,resulting in confusion in the application of administrative agreement cases.The last part puts forward some concrete suggestions on how to improve the judgment system of administrative agreement cases in our country.The first part is to further clarify the applicable conditions for the dissolution of judgment and annulment of judgment,to establish unified adjudication rules,and secondly,to add two forms of judgment,modification judgment and contracting judgment,to ensure timely response to the demands of the parties,and finally will not be applicable to administrative agreement cases.The judgment method is clearly excluded to ensure the efficient operation of the judgment system.