Study On The Identification Standards Of Administrative Agreements

The widespread application of administrative agreements is in line with the trend of shifting from a regulatory government to a service-oriented government,and is an inevitable requirement for China to realize the modernization of the national governance system and governance capacity,enriching the means for administrative subjects to achieve administrative management and public service goals,and effectively meeting the diversified needs of the public.Among them,the identification standard system of administrative agreements has been attracting the attention of academia and judicial practice,and the relevant theories and doctrines are abundant,but there are also large controversies,focusing on the essential differences between administrative agreements and civil contracts.To this end,the 2019 promulgation of the "Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases" has once again responded at the level of legal provisions,from which the identification criteria of China’s administrative agreements have been refined to adopt an elemental identification approach,largely promoting the science and perfection of the administrative agreement system,and also providing an applicable adjudication basis for judicial trials related to administrative agreements.Based on this,the full text is divided into four chapters,with the specific contents of each chapter as follows.The first chapter mainly starts from the overview of the definition criteria of administrative agreement,clarifies the origin and evolution of the concept of administrative agreement,the definition of the concept of administrative agreement,etc.to lay the theoretical foundation for the whole study.The second chapter focuses on the current situation of judicial practice in defining the standards of administrative agreements in China,clarifies the dilemmas faced and their causes,and provides a research perspective and premise for the improvement path in the latter part.The third chapter examines the criteria for defining administrative agreements from a comparative law perspective.The relevant legal systems of France,Germany and Japan are analyzed and the useful experiences that can be learned from them are explored.The fourth chapter is oriented to the problems of the definition standard of administrative agreement,from balancing the conflict of public and private interests to the revision of the connotation of the definition standard,so as to explore the definition standard of "constitutive element type + nature of agreement type".