Research On Judicial Precedent Of Invalid Administrative Agreement

With the increasing complexity of social affairs,the administrative field is gradually expanding,traditional administrative measures can not meet the needs of social governance.In the continuous development and reform of modern administrative law,administrative agreement,as new administrative measures,is widely used in the process of administrative management.The administrative agreement itself has both the "administrative nature" of public law and the "agreement nature" of private law.It is reasonable to apply the two sets of standards of administrative law and civil law to a certain extent.However,the parallel of the two sets of standards can not well solve the dispute over the effectiveness of administrative agreement in practice,and there are many ambiguities and conflicts.How to apply the administrative procedure law and the contract law together,the level and specific circumstances of their application have always been controversial.The judgment standard of the invalidity of administrative agreement has aroused academic discussion.With the development of modern administration,administrative agreement is more and more widely used in practice,and its invalid specific standard has become an urgent problem to be solved.In the current theory and practice,it is generally accepted that the invalidity of administrative agreement and the ineffectiveness of administrative action and the ineffectiveness of civil contract,and the combination of the two rules of validity should be applied to judge the effectiveness of administrative agreement.Admittedly,administrative agreement has both the public and private attributes of the two party.However,the direct reference and application of the administrative agreement obviously can not fit the double attributes of the administrative agreement.Compared with administrative behavior,administrative agreement introduces the spirit of contract in private law.Compared with the civil contract,the status of the parties between the two parties is not completely equal,and as an administrative means,they are born with the purpose of safeguarding public interest and social governance.Therefore,this paper studies the theory and practice of the invalidity of administrative agreement,analyzes the specific reasons for invalidity in typical cases through studying literature and academic works,in order to summarize and summarize the standards of the invalidity of administrative agreement on the basis of existing laws,regulations and academic theories,break through the shackles of the duality of public and private law,and learn from relevant theories and theories as well as the theories and practices of other countries or regions,try to find out a definite standard method that is not possible in the administrative agreement.