An Empirical Study On The Enforcement Path Of Administrative Agreement

The emergence and application of administrative agreement is an important reflection of the transformation of government functions,but at the same time,with the provisions of the administrative procedure law and the administrative compulsory law of the implementation path of administrative agreement,it applies to the people’s court for compulsory implementation.Therefore,there are new problems in the development and improvement of administrative agreements.Therefore,this paper puts forward the following views on the path of enforcement of administrative agreements:First,administrative agreement is the unity of administrative and consensual.Therefore,there is a great correlation between the administrative agreement related to enforcement and the timeliness of social public interest and national interest.The enforcement of administrative agreement refers to the position of "civil litigation official" in relevant litigation.If the relevant administrative organ feels that the relevant administrative counterpart does not comply with the agreement or does not fulfill the relevant agreement according to law,it can obtain a certain enforcement force based on the relevant agreement.Second,before the formal promulgation of this interpretation,there are three different ways of enforcement in China,namely,civil litigation,applying for enforcement to the court based on the administrative decisions already made or relevant administrative agreements.Generally speaking,there are defects in the application of these three types of enforcement paths: when administrative agreements can be used for administrative litigation,civil litigation is not the best choice of enforcement path;when applying for court enforcement according to administrative agreements,there are still difficulties in the application of law;when applying for court enforcement according to administrative decisions,the legality of this approach still needs to be examined And there is a long time to realize the rights.Third,the interpretation of administrative agreement uses two different ways of execution,that is,the relevant processing decisions as the basis for its enforcement to apply to the court for enforcement measures and the relevant decisions signed by the relevant administrative organs on the performance of the agreement as the basis for its enforcement.In this document,the method of limited succession is used,and it gives a new way to apply for execution,that is,"taking the relevant decisions on the performance of the agreement as the relevant basis for execution".There are some problems in this interpretation,such as whether the administrative organ can directly apply for non-litigation administrative execution to the court according to the agreement,whether the non-litigation execution contained in theadministrative agreement can not be fully applied under the existing non litigation execution system,whether the review procedure should be different from other non litigation execution cases and so on.Fourth,the Civil Law System in the field of enforcement of administrative agreement to limit privileges,respect the characteristics of the agreement for China’s reference.In the process of perfecting the enforcement path of administrative agreement in the future,on the one hand,the two-way litigation mode of administrative agreement should be constructed,and on the other hand,the mediation function of administrative agreement should be brought into full play based on the tradition and advantage of our country’s mediation system On the other hand,it carries out the administrative agreement dispute hearing procedure,establishes the Administrative Agreement Dispute Examination Standard.