| Since the administrative agreement was included in the scope of administrative litigation,the issue of its legal application has aroused heated discussions in academic and practical circles.While Article 27 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases gives civil legal norms the legal status of intervening in the trial of administrative agreement cases,the issue of how to apply civil legal norms has aroused heated discussions in theoretical and practical circles.In practice,the order and scope of application are not clear,and the rules for rescission of civil contracts and civil compensation are improperly applied.Therefore,the specific theoretical and practical significance of the application of civil legal norms in administrative agreement disputes,especially on the issue of their rescission,is studied.Taking cases as the starting point,this paper analyzes and summarizes the dispute points of four adjudication cases,namely,what kind of application logic is adopted in civil legal norms in administrative agreements,and how the two specific rules of civil contract termination and civil compensation are applied.On this basis,this paper analyzes the jurisprudence,sorts out the application mode of civil legal norms in academic theory through the overview of administrative agreements and their special attributes,analyzes their advantages and limitations,and puts forward the proposition that the administrative agreement takes precedence and the civil law model is applied.Secondly,the different rescission situations of administrative agreements are sorted out,and the specific application of statutory rescission rights,agreed rescission rights,and rescission based on change of circumstances in administrative agreements is analyzed according to different circumstances;Finally,the administrative compensation and civil compensation rules are compared and analyzed,and the author’s views are put forward to clarify the application of the civil compensation rules in administrative agreement termination cases.The research conclusion of this paper clarifies that the administrative agreement in this paper takes precedence,and when there is no agreement,the administrative legal norms take precedence,and when there are legal loopholes in the application of administrative legal norms,the civil legal norms are applied,and on this basis,the civil contract rescission and civil compensation rules are applied.The research enlightens that in the adjudication of administrative agreements,it is necessary to attach importance to their contractual attributes,establish the principle of priority in the exercise of administrative agreements,emphasize that the application of contract rescission rules in administrative agreement rescission cases should adhere to the concept of equal protection of private rights and the concept of substantive dispute resolution,and put forward the public interest factor as a factor to consider the scope of application of civil compensation.By clarifying the application of civil legal norms in administrative agreement termination disputes,it provides guidance for judicial adjudication,so as to realize the institutional value of administrative agreements. |
