Judicial Review Of Invalid Administrative Agreement

Since administrative agreements are different from unilateral administrative acts and civil contracts,they have both administrative and agreement attributes.When reviewing their effectiveness,two different rules,civil and administrative laws and regulations,need to be applied.With the promulgation of the "Administrative Agreement Regulations",the application of civil contract invalidity rules to review the effectiveness of administrative agreements in judicial practice has been recognized and affirmed from the level of legal norms.When reviewing the invalidity of administrative agreements,there are also different dimensions and levels.First,it involves judicial review methods.There are also two different methods for the review of invalid administrative agreements: split review and integrated review.In the case of separate examination methods,separate the contents of a complete administrative agreement that have contract attributes,and apply examination and confirmation procedures different from administrative acts;Secondly,when it comes to the reasons for invalidation of administrative agreements,the court classifies the reasons for invalidation of administrative agreements,and applies them separately or re-appropriately between public and private laws.The specific types of invalid reasons include different reasons for invalidity in public and private laws,as well as Substantial and procedural causes of invalidity,there is a certain degree of overlap between these different types of invalid situations,it is necessary to classify and clarify unified integration,so that invalid causes have a unified identification standard,and avoid contradictory identification;Thirdly,the analysis and determination of invalid grounds involves the choice of public and private law.The same matter chooses to adapt to public law or to apply private law to draw different conclusions,and the provisions of public and private law are not completely consistent.Finally,the courts also have different ways of adjudicating administrative agreements with invalid circumstances.Not only will the choice of public and private law for the same matter lead to different conclusions of validity,but also the choice of public and private law for the same matter will lead to different judgments.There are different overlaps and fusions between the administrative agreement confirmation invalidation judgment,the unilateral administrative action confirmation invalidation judgment and the civil contract confirmation invalidation judgment.There are corresponding overlaps and differences with the administrative action cancellation judgment and the civil contract cancellation judgment.the rule of.This article is based on the judicial interpretation of the "Administrative Agreement Provisions" on the content of the review of the invalidity of administrative agreements,and selects the judgments before and after the issuance of the judicial interpretation,specifically in accordance with the judicial practice of the review of invalid administrative agreements,the application of different types of invalid grounds,and public law norms.The four contexts of the application of different attributes and different levels of private law,the contradictions and overlaps between the judgments of invalid administrative agreements and other judgments,are analyzed in detail based on the collated judicial cases,and the administrative agreements are identified as invalid judicial judgments.The problems involved provide an overall system,extract and analyze the problems in it,and get perfect suggestions.