Research On The Application Of Civil Law Norms In Administrative Agreement Cases

As the concept of “building a service-oriented government” gradually gains popularity,government management is no longer the previous top-down command management,but instead uses various methods to negotiate and dialogue with the managed and listen to the opinions of the people.The next administrative agreement system came into being.The emergence of the administrative agreement system conforms to the construction of a service-oriented government and a government under the rule of law.However,due to the late start of my country’s administrative laws and regulations,the legal research on administrative agreements is still incomplete,resulting in unacceptable cases and blurred legal boundaries in the trial of administrative agreements.The problem makes the application of the administrative agreement not satisfactory.The Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases came into effect on January 1,2020.This provision provides detailed information on how to define the connotation and extension of administrative agreements,litigation procedures,and litigation rules in practice.It is particularly important that Article 27 of the Regulation clarifies the important significance of civil laws and regulations for the trial of administrative agreement cases,and grants the legal status of civil laws and regulations to intervene in the trial of administrative agreement cases.Civil contracts and administrative agreements belong to different fields of law.The reason why administrative agreements are easily confused with civil contracts in practice is because the process of establishing administrative agreements requires extensive use of civil laws and regulations,and there are indeed common legal principles between them.In the trial practice,there are also cases of civil trial experts concurrently leading administrative trial tasks.The application of civil laws and norms to the trial of administrative agreement cases needs to face when to apply civil laws and norms,what issues need to be involved in civil laws and norms,how to specifically apply civil laws and norms,and how to apply civil law and norms amendments to trial administrative agreements to adapt to them.Characteristics and other issues,the author will study these issues in conjunction with trial practice,and analyze the involvement of civil legal norms in the trial process and trial logic of administrative agreement cases in practical processing to better understand the integration of administrative agreement case trials and civil trials.Specifically,the author will discuss how civil legal norms apply to the trial of administrative agreement cases in accordance with the five-part context.The first part qualifies the legal concept of administrative agreement from two aspects of subject and object,interprets its connotation and extension,clarifies its judgment standard,describes the difference between the concept of administrative agreement in my country’s law and other countries,and applies civil law norms respectively.Necessity and the possibility of applying civil law norms introduce the theoretical basis of the application of civil law norms to the trial of administrative agreement cases.The progress of the administrative agreement system itself,the needs of my country’s political development,and the beneficial promotion of extraterritorial legal theory all contribute to its development.Combining trial practice,two cases are used to describe the inevitability of the involvement of civil legal norms in the trial of administrative agreement cases;the second part discusses the current practical dilemma of the intervention of civil legal norms in the trial of administrative agreement cases,so that specific countermeasures can be proposed in the following article;The fourth and fifth parts as a whole analyze how to apply civil laws and regulations to the trial of administrative agreement cases.The third part starts from the applicable principles and combines cases to help understand the standard issues of civil laws and regulations in the trial of administrative agreement cases.Administrative agreement cases The trial does not completely copy the civil law norms,and the application of civil law norms needs to follow certain principles;the fourth part introduces what rules for the application of civil law can help the trial of administrative agreement cases,and then transforms it into application;finally analyzes how to regulate the civil law Incorporated into the whole process of the trial of administrative agreement cases,from the perspective of civil law,the effectiveness of administrative agreements and the handling of defects in administrative agreements that are quite different from civil contracts are analyzed.