Study on the Dilemma and Perfecting Path of Judicial Review of Administrative Agreements
- DOI
- 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.
- Copyright
- © 2017, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
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 - Proceedings of the 2nd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2017) PB - Atlantis Press SP - 1054 EP - 1057 SN - 2352-5398 UR - https://doi.org/10.2991/iccessh-17.2017.246 DO - 10.2991/iccessh-17.2017.246 ID - Li2017/06 ER -