Application Of Civil Law Norms In The Trial Of Administrative Agreement Cases

How to apply civil law norms in administrative agreement litigation has always been a key and difficult issue for judicial adjudication organs.At the legislative level,paragraph2 of article 27 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases stipulates that courts may refer to and apply civil law norms when hearing administrative agreement cases.However,the question of how civil law norms would be further applied was not clear.In other words,there are no clear prerequisites for the application of civil law norms,which civil law norms can be applied and how they can be specifically applied to administrative agreements to suit the characteristics of administrative agreements.From an academic point of view,there are various doctrinal views.In order to solve the above problems,the necessity and legitimacy of applying civil law norms in administrative agreement litigation are first demonstrated from a theoretical perspective,that is,the innovation of the concept of dualism between public and private law and the dual attributes of administrative agreements.Secondly,the basic principles that should be followed when applying civil law norms are elaborated in detail,and the fundamental nature of administrative agreements is administrative,so it is necessary to follow the principle of preferential application of administrative law norms,that is,the application of civil law norms in the case of loopholes in administrative law.Finally,through the summary and analysis of the retrieved judicial judgment documents,it is found that the disputes that need to be applied to civil law norms in administrative agreement cases mainly focus on the validity,performance,rescission and liability for breach of contract of administrative agreements,so as to summarize the specific civil law normative provisions applicable in terms of the validity and performance of administrative agreements.At the same time,in the process of analyzing the case,it was found that when applying specific civil law norms,the court would apply it in a modified manner in combination with the characteristics of the administrative agreement.Specifically,at the level of legal norms applicable to determining the invalidity of administrative agreements,it is not limited to laws and administrative regulations.