Administrative Agreement as a new form of public and private cooperation，It is both a sign of the integration of public and private law，It is also an inevitable product of the transformation of social governance model。From my country's "Administrative Procedure Law", the administrative agreement litigation is included in the scope of the case，Discussion on the lawsuit of administrative agreements from all walks of life continues to heat up，The "Regulations on Several Issues on Trial of the CPPCC Cases" issued by the Supreme People's Court (hereinafter referred to as the "Administrative Agreement Judicial Interpretation") also received high attention。The development of administrative agreements and the changes in the litigation structure triggered by it，Not just widen the scope of the case of administrative lawsuits，Added a class of administrative lawsuits to，It means a new change of the administrative litigation system。

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After World War II，With the development of the state's administrative administration，Deepen the country's degree of involvement in society，The contradiction between the government's administrative tasks is increasing and the serious insufficient administrative means is increasingly acute。Survival from Germany and France Choose Free theory to be at the same time emerged，It is clear that as long as the law is not prohibited or restricted，Administrative organs In order to fulfill administrative power，To achieve administrative purpose，You can choose the appropriate administrative method，You can even complete the administrative task of the organization and behavior of private law within the scope of the law。The administration of public and private cooperation is constantly developing and showing an irreversible trend，No longer clear between bet365 Play online games the public and private law，Traditional administrative law is also developed from a single public law to the direction of the integration of public law and private law。Administrative organs should be done with administrative acts，What form takes to make it，Have a certain tailor space，Of course, this freedom space is subject to a lot of restrictions，Administrative organs are only exhausted regulations，When determining that laws and regulations do not stipulate that specific administrative behaviors must be made in the corresponding situation，Freedom of the selection of administrative behavior in the form of administrative behavior。Even so，When a traditional controlled government transitions to a service -oriented government，Published a command -in -law to make administrative decisions into seeking communication and cooperation with the public，The concept of the rule of law of equal cooperation is gradually formed。

Administrative Agreement as a specific manifestation of cooperative administration appears in the layout of Chinese administrative law and is favored by the administrative agency。Government Frank Business Agreement、State -owned land use right transfer agreement、Consultation Agreement and other forms of administrative agreements have been widely used in administrative practice。Natural Resources Development Agreement、Education commissioned training agreement、The emergence of administrative agreements such as immigration resettlement compensation agreements and other administrative agreements has become the "equal" of Article 12 of the Administrative Proceedings Law.。Theoretically, the theoretical and administrative practice of administrative behavior clearly reveals a trend: unilateral high power management model has become increasingly not suitable for social management needs，As a flexible、The management method of the intention，Administrative Agreement will be widely used in the field of administrative management。The boundary of the administrative agreement is changing，and will continue to expand with the development of bet365 Play online games public and private cooperation。Administrative litigation cannot avoid or ignore the objective trend of administrative management，Not to be able to set itself。Article 12 of the Administrative Procedure Law is still unreasonable "equal".，It is also an objective need for administrative management reality。my country's "Administrative Procedure Law" has been designed for unilateral administrative behavior since its establishment，The entire structure has not undergone fundamental changes due to increasing the scope of the case，This litigation structure does not conform to the particularity of the administrative agreement trial，You need to build a litigation system that adapts to the CPPCC for cases。Because，The trial of the CPPCC cases and the trial rules of general administrative behavior cases are not the branches，but global。

　Reconstruction of the Administrative Litigation System: Public and Private Law Integration

The revised "Administrative Procedure Law" stipulates that "the administrative agency believes that the administrative agency does not perform in accordance with the law，Failure to perform in accordance with the agreement，illegal changes to the lifting agreement "and other types of administrative agreements，But in reality, the request of the party's request for negligence compensation、Request confirmation contract is invalid、Request to exercise excellent rights、Lawsuits such as the request to revoke the right of benefit rights have exceeded the above range。If the court does not include it into the administrative agreement litigation，It is difficult to comprehensively respond to the parties' demands，Not in line with the procedural proceeds that solve administrative disputes。The trial of the administrative agreement litigation is a contract reached by both parties or multiple parties，Therefore，The traditional legitimacy review obviously cannot adapt to the complex structure of the administrative agreement。Administrative judges must get out of the fixed thinking of Bet365 lotto review legitimate review，Both must be reviewed and set up、Change、Lifnoousness of the behavior and other behaviors，Also try the effectiveness of the agreement、Activity of the contract for the performance of the agreement。However, there are still differences in the legality review and contract review，The object of legitimacy review is the administrative agency，excluding contract private parties。Contract review includes both administrative organs，It also includes the performance of the private parties。Legal review is not limited to the parties' litigation request，The court can comprehensively review，contract review is limited to the claims of the parties' parties。

Public law rules and private law rules are not completely incompatible，The two have the possibility of maximizing integration in administrative agreement cases。Integrity principles、Equality Principles、The principle of fairness and justice is the principle of common law and public law，But the specific performance is different。For example，The principles of honesty in civil law are closely related to the principles of trust and protection in administrative law。When the judge was hearing the CPPCC's case，Be good at discovering the commonality of civil law and administrative law，Looking for the legal system between bet365 Play online games the public and private law、Legal Principles and Judging Number of Conventions。Administrative agreement litigation can not ignore the existence of private law，It is still limited to administrative law specifications，You must not be able to apply civil law specifications without choice，Simplify the rules of public laws in private laws。During the trial of the CPPCC, avoid doing a single choice question that is not the other.。Administrative and legal norms and civil legal norms need to be renovated to apply。

　The qualifications of the parties have changed from "one -way" to "two -way"

The establishment and performance of the administrative agreement not only involve the rights and obligations of the parties of the bet365 best casino games agreement，It also involves the rights and obligations of the interested parties outside the administrative agreement parties。Administrative Agreement Litigation In determination of the plaintiff's qualifications should not be limited to the relative principle of civil contracts，The plaintiff includes both citizens who signed a contract with the administrative organ、bet365 best casino games Legal person and other organizations，Also includes other stakeholders，Let more people have the opportunity to participate in the handling of administrative agreement disputes，Promoting the interests and opinions of all parties can be expressed in the dispute between agreement disputes。Administrative Agreement Judicial Interpretation，In order to ensure the rights and interests of the right of fair competition rights in the administrative agreement，It stipulates the plaintiff's qualifications of fair competitors; in order to ensure the collection、Recruiter、The physical rights of the disadvantaged groups such as the public housing lessee，Standards the qualifications of the plaintiff of the use of beneficiaries and the public housing lessee。This provision is conducive to a package of administrative and civil disputes caused by administrative agreement，confirmed "the administrative contract that integrates two elements of administrative and contractuality，Its disputes can be completely solved in the public law framework，It can only be partially solved in the framework of the private law "。

The institutional design of the "Civil Prosecutor" of the "Administrative Procedural Law" in my country，The administrative agency of the party as the party is not yet the possibility of the plaintiff of the administrative agreement litigation。The solution as a substitute is the administrative organ through exercise the right to unilateral lifting、Contract supervision rights and other behaviors，Convert administrative agreement disputes into a dispute over administrative acts，Seek support from the court through administrative forced enforcement。This conversion mechanism can to a certain extent solve、bet365 best casino games Legal person and other organizations default，and the administrative organ cannot raise the problem of administrative lawsuits，But this differentiated dispute solution is not fair。Because based on the same administrative agreement，Private parties need to file an administrative lawsuit to obtain relief，and the administrative organ can refer to the administrative forced execution application directly to enter the execution procedure，Not only legal logic is not unreasonable，and will cause factual unfairness。Under the circumstances that the "Administrative Procedural Law" is not modified，It is necessary to further optimize the procedure for the administrative organs to apply for compulsory execution，Establish more disclosure、Fair、The quasi -trial procedure for waiting，When the court is promoted to the review of the application for administrative forced enforcement，Adopting a procedure similar to trial，So as to achieve the de facto "two -way mechanism"。Of course，Look at it in the long run，still need to modify the "Administrative Procedure Law"，Create a review rules different from the administrative agreement different from unilateral administrative actions，can we fundamentally solve the problem。

other，The change caused by the administrative agreement litigation is not limited to the above trial objects、Law application and the qualifications of the parties，The system that needs to be redesigned also includes, but not limited to the allocation of proof liability，Selection of the referee method、Litigation Program、The court jurisdiction，Administrative dispute solutions such as administrative reconsideration and the connection between civil dispute solutions such as arbitration。This is almost involved in the comprehensive reconstruction of the entire litigation system，instead of Xiaoxiu Xiaozhu。With the development of the administrative agreement litigation，The administrative litigation system needs to change from the current monorail system for unilateral administrative behaviors to the dual -track system for unilateral administrative bet365 live casino games behavior and administrative agreement。

　(The author is a professor at the Institute of Rule of Law of the University of China and Law)