Study On The Quasi-application Of Contract Law In Administrative Agreement Cases

Administrative agreement is a new form of public-private cooperation and also a sign of the integration of public-private law.Under the background of the transformation of service-oriented administration and social governance model,the administrative agreement arises at the historic moment and is more widely used.However,while the administrative agreement is widely popular,it also produces many disputes.This paper studies the application of contract law in administrative agreement cases.Based on the special dual attributes of administrative agreement,this paper deeply understands and grasps both the administrative nature and the contractual nature of administrative agreement,and probes into why and how to apply contract law to administrative agreement.At present,the relevant legal norms of the quasi-application of the contract law of administrative agreements are not perfect,there is a lack of mature research on the theoretical level,and there is a lack of uniform quasi-application rules and standards in practice.It is not operable,and it is more chaotic and arbitrary.Therefore,it is urgent to make complete and clear provisions on the relevant contents of the quasi-application of contract law in administrative agreement cases,and guide the judicial practice to accurately apply the law in the trial of administrative agreement cases,fully solve the disputes over administrative agreement,and safeguard the legitimate rights and interests of the parties involved.The special consensual nature of the administrative agreement must be interpreted and carried by the rules of the contract law.Of course,the appropriateness of the contract law should also be paid attention to to coordinate with the administrative nature of the administrative agreement,which is difficult to grasp properly in practice.Through the combing and analyzing of typical cases,around the administrative agreement comes into effect,the administrative agreement is invalid,the administrative agreement cancellation,the administrative agreement lifted and responsibility and compensation standard for deep exploration,in order to can be fixed in the handling of administrative agreement cases,appropriate and modified apply to contract law,at a reasonable to adapt to the characteristics of the administrative agreement.At the same time,on the basis of the current legal norms,the author analyzes the problems caused by the quasi-application of the contract law in administrative agreement,including the limitation of judicial review,the difficulty of the connection and coordination between public and private laws,the contradiction and conflict of the quasi-application of the contract law,the ambiguity of the quasi-application of the contract law,and the influence of the judge’s choice of personal value judgment.Better on these problems were put forward administrative agreement shall apply to the solution of contract law,mainly reflected in the clear legal review and contract review the dialectical unity between the relationship,to find the path of the accommodation between public and private law,adhere to the appropriate apply to rules of contract law,clear and detailed contract law shall apply to trial,the judge to break the fixed thinking mode,and change idea,etc.,at the same time emphasize and pay attention to the accumulation of the judicial practice.Guided by the trial of administrative agreement cases,the application of contract law is a very good starting point,and is also a topic worthy of in-depth discussion.It has certain research significance and value no matter from the perspective of legal norms or judicial practice.Based on the theory and practice,this paper makes a comprehensive understanding,analysis and elaboration on the positioning of the administrative agreement,the connotation and reason of the quasi-application of contract law,how to apply the quasi-application of contract law,the problems and sticking points in the process of the quasi-application of contract law,as well as the countermeasures and paths to solve these problems.