Analysis Of The Application Of Civil Legal Norms In Administrative Agreement Cases

The administrative agreement is a new form of administrative management that fully meets the requirements of the transformation of modern administrative agencies from a management-oriented government to a service-oriented government,and gradually shifts the relationship between the state and citizens from traditional command and obedience to service and cooperation.Since China included administrative agreements in the scope of administrative litigation in 2015,a large number of administrative agreement cases have emerged in judicial practice.However,China’s administrative legal system for administrative agreements cannot be established in a short period of time.The introduction of civil legal norms to apply to administrative agreement cases can solve the serious problem of lack of legal basis in this field.However,the application of civil legal norms has also brought some confusion in the theoretical and practical fields,such as how to define the objects of administrative agreement review,whether to set up special administrative agreement trial system and trial rules,administrative agreement rules of evidence,litigation deadlines,whether to completely copy the litigation rules of civil litigation,and how to set the standard for determining the effectiveness of administrative agreements.In the context of the current controversy in the theoretical field,it is necessary to weigh how to deal with and positively answer these questions.This article is divided into four parts.Chapter 1 briefly discusses the current situation of administrative agreements,the background of existing problems,and the research significance.In Chapter2,this article discusses the theoretical controversy over the application of civil legal norms to administrative agreement cases,as well as the necessity and rationality of application.Through theoretical exploration,the author believes that the current application of civil legal norms to administrative agreement cases in China is appropriate and reasonable.Based on the research of practical trial of administrative agreement cases from 2020 to now,in Chapter 3,the author analyzes and studies the rules of the application of civil legal norms in current administrative agreement cases through sample analysis and reference to relevant laws.Chapters 4 and 5 are the analysis and thinking of the problems of applying civil legal norms to administrative agreement cases.Currently,there are indeed some problems in the reference application of civil legal norms,such as the difficulty in defining the meaning and scope of public interests,and the tendency of legal application boundaries to become blurred and confusing.The conflict between legality and voluntariness in cases is difficult to coordinate,and the professional skills of trial personnel also face some new challenges.This article believes that,on the premise of fully considering the administrative attributes and contractual attributes of administrative agreements,the boundary of public interests should be determined by the principle of proportionality and procedural justice,focusing on stages,coordinating the application of public and private law,and strengthening the coordination of public and private law.It is necessary to give priority to public law,strengthen the exchange between public and private law,and alleviate the trial personnel’s lack of adaptation to the legal application of administrative agreement cases.