Research On Judicial Review Of Government Franchise Agreements Under The Public-private Partnership Model

The government franchise agreement is a new model in which power factors and consensual factors are integrated,and its judicial review is also difficult.With the emergence of the wave of public-private cooperation,such disputes emerge one after another.However,the research on the judicial review mechanism of government franchise agreements in my country started relatively late,and in practice,the courts have not yet had a unified mechanism for resolving such cases.The judicial review system for government franchise agreements needs to be further improved.The government franchise agreement is an administrative agreement,which is a collection of a series of behaviors by high-power subjects during the conclusion and performance of the agreement.Judicial review of it is not to review the text of the agreement itself,but to review the administrative actions behind the agreement.It is a lawsuit filed by the court based on the subject whose rights and interests have been damaged.It reviews a series of actions of the administrative agency with the government franchise agreement as the core,and conducts a judicial review.referee system.The shortcomings of judicial review of government franchise agreements at the current stage in my country are mainly manifested in four aspects: 1.The scope of accepting cases is uncertain,which is mainly due to the different determinations of the nature of specific agreements by the courts.2.Restrictions on the qualifications of the plaintiff.It is mainly manifested in the lack of qualifications of administrative agencies and third parties as plaintiffs in judicial review of government franchise agreements.3.The intensity of judicial review between courts is inconsistent.This is mainly due to the ambiguity of the review criteria.4.The basis for the application of legal norms is unclear.It is mainly reflected in the lack of practical operation of remedial measures and the unclear application of compensation standards.In order to construct a judicial review system for government franchise agreements,it is first necessary to revise and apply the German dual-order theory to clarify the scope of judicial review.Second,expand the scope of the plaintiffs in the lawsuit,and increase the government and citizens as the plaintiffs.Third,clarify the judicial review standards for government franchise agreements,and clarify the two-tier structure of legality review and contractual review.Finally,the remedial measures are specified in the way of judicial interpretation,and the application method of the compensation standard is clarified,so as to realize the maintenance of the legitimate rights and interests of the damaged social capital.