Proceedings of the 2nd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2017)

Study on the Dilemma and Perfecting Path of Judicial Review of Administrative Agreements

Authors
Wei Li
Corresponding Author
Wei Li
Available Online June 2017.
DOI
https://doi.org/10.2991/iccessh-17.2017.246How to use a DOI?
Keywords
Administrative agreement; Judicial review; Dimension
Abstract
Administrative agreement is a means by which the government implements administrative policy and achieves administrative objectives. Its fundamental purpose is to realize administration. The administrative agreement itself has the dual attribute of administrative and agreement. There is difficulty in distinguishing between administrative agreement and civil agreement. In the current administrative trial practice, a lawsuit only examines an administrative act, which generally does not examine the legitimacy of the relative behavior. Therefore, in the judicial practice, the judicial review object of the administrative agreement case is difficult to determine. The difficulty of the examination is difficult to grasp. And the administrative subject of the relief is not clear and other practical difficulties. Therefore, it is necessary to adopt the judicial review mode centered on the change of the legal relationship of the administrative agreement. The object of the review is not limited to an administrative act. All administrative acts that cause changes in the legal relationship between administrative agreements should be included in the scope of the review. There should be a review of the legitimacy of administrative action, rational review and breach of contract in order to better respond to the demands of the parties.
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TY  - CONF
AU  - Wei Li
PY  - 2017/06
DA  - 2017/06
TI  - Study on the Dilemma and Perfecting Path of Judicial Review of Administrative Agreements
BT  - 2nd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2017)
PB  - Atlantis Press
UR  - https://doi.org/10.2991/iccessh-17.2017.246
DO  - https://doi.org/10.2991/iccessh-17.2017.246
ID  - Li2017/06
ER  -