| Administrative agreement cases belong to administrative cases,but their litigation costs are charged according to different payment standards.Article 16 of the Interpretation of Certain Issues implemented in 2015 stipulates that the payment standards for civil and administrative cases shall be applied respectively for bringing a lawsuit against the administrative organ for failing to perform the agreement in accordance with the law and the agreement,and for bringing a lawsuit against the administrative organ for unilaterally changing or rescinding the agreement.The application of different payment standards will lead to a wide gap in litigation costs,among which the application of payment standards in civil cases will increase the cost of the right relief of the opposite party and affect its enthusiasm to file administrative proceedings.In 2018,the Interpretation of Administrative Procedure Law was issued,and the Interpretation of Certain Issues was repealed at the same time.However,in judicial practice,in addition to the uniform application of the payment standard for administrative cases to charge litigation fees when filing a lawsuit against the unilateral change or cancellation of an administrative agreement by an administrative organ,the applicable standards for charging litigation fees in courts around the country are different when a counterpart requests an administrative organ to perform an agreement,request cancellation,cancellation,change an administrative agreement,or request confirmation of the invalidity of an administrative agreement,That is,for the same claim,some courts apply the payment standard of administrative cases while others apply the payment standard of civil cases.In accordance with Article 101 of the Administrative Procedure Law and Article 27 of the Several Provisions of the Administrative Agreement,some of the courts apply the standard of payment of civil cases with reference to the relevant provisions of the Civil Procedure Law.Most scholars believe that the cases in which the counterpart requests the administrative organ to perform the agreement show the agreement nature of the administrative agreement,which is more suitable for the application of the civil case payment standard to collect litigation fees.They advocate that the administrative case payment standard should be applied to other administrative agreement disputes,except for the unilateral change and termination of the agreement of the administrative organ.There are errors in the above reasons.The application of the relevant provisions of the Civil Procedure Law to administrative agreement cases lacks the premise of reference to the application,neglects the provisions of the payment standard of administrative litigation fees,and violates the basic rules of reference.On the ground of the agreement nature of cases such as requesting the administrative organ to perform the agreement,to equate it with civil cases and advocate the application of the civil case payment standard is actually a wrong understanding of the agreement nature of the administrative agreement.The agreement nature of the administrative agreement is different from the agreement of civil significance,and does not conform to the theoretical basis of the application of the civil case payment standard.The agreement and administration of administrative agreement can not be properly divided only by the difference of litigation claims of the counterpart.In the face of such problems as the confused application of administrative agreement cases to collect legal fees and the increase of the litigation costs of the opposite party by collecting legal fees according to the civil payment standard in practice,we should unify the application of the payment standard of legal fees in administrative agreement cases,and make it clear that administrative agreement cases should uniformly apply the payment standard of administrative cases.The reason is that the application of the civil payment standard in administrative agreement cases lacks both legal basis and the nature of the case.Based on the administrative nature is the essential attribute of administrative agreement,on this basis,the litigation purpose of administrative agreement litigation and the pursuit of public interests are highly consistent with administrative cases.The uniform application of the payment standard of administrative cases in administrative agreement cases not only has sufficient theoretical basis and legal basis,but also responds to the requirements of judicial practice.It has its rationality and necessity,and is an appropriate choice in line with the nature of administrative agreement cases. |
