Research On The Criteria For The Recognition Of Statutory Revocation Of Administrative Agreements

Due to the double attribute of administrative agreements on administrative acts and contracts,there are many disputes in the application of law of administrative agreement revocation in judicial practice.Under the background that there was no special legislation on administrative agreement in our country,adjudication of administrative agreement revocation in practice is mainly based on the Administrative Procedure Law.The focus of the dispute is mainly on the six cases of legal revocation of administrative agreements stipulated in Article 70 of the Administrative Procedure Law.In 2019,the Supreme People’s Court issued a judicial interpretation on administrative agreements,and clarified the review of the court’s hearing of the revocation of administrative Agreement in Article 11 of the provisions,a standardized legal circumstances identification system has been formed for the Administrative Agreement Council at present.As the legal circumstances of revocation stipulated in Article 70 of the Administrative Procedure Law are not clear in terms of provisions,Judicial practice provides administrative law provisions and civil law provisions for the administrative agreement revocation hearing.However,for administrative agreements,the application of the civil legal norms for citing aid is only a supplement to the administrative legal norms.It is necessary to establish a perfect legal revocation identification standard based on the administrative legal norms,so as to maximize the application of the civil legal norms for citing aid.At the same time,after the legal revocation of the administrative agreement is confirmed,although the administrative agreement is revocable or in violation of the legal provisions,it is necessary to construct the review logic for its validity in order to safeguard the public interest.In this study,the author summarized the research background and the research status quo of administrative agreement revocation at home and abroad.Based on the research needs of this paper,firstly,the realistic basis of constructing the legal revocation standard of administrative agreement was analyzed.Secondly,based on the judicial practice,this paper analyzes the situations in which the judicial practice applies the cancellation of an administrative agreement.,the practical cases with the legal situations in which the court applies the six provisions of Article 70 of the Administrative Procedure Law to revoke the administrative agreement,and evaluates all kinds of situations.Thirdly,in view of the six statutory circumstances in Article 70 of the Administrative Procedure Law,apart from the situation of "insufficient main evidence",this paper analyzes the identification criteria for various statutory revocation circumstances one by one by combining with the Provisions on withdraw the agreement.issued by the Supreme Court,and builds the identification standard system for the revocation statutory circumstances of administrative agreement.Finally,for the administrative agreements that can be revoked or illegal,it is not necessarily invalid to consider the public interest or the actual situation,so a review logic system for the validity of administrative agreements is constructed.In this paper,the establishment of the identification standard system of the revocable situation of administrative agreement and the establishment of the review logic system of the survival effect are discussed,so as to further improve the trial logic of the revocation cases of the CPPCC in judicial practice,and promote the protection of the public welfare value of administrative agreement while improving the trial identification system.