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Research on the criteria for judging administrative agreements

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DOI: 10.23977/law.2024.030304 | Downloads: 2 | Views: 75

Author(s)

Ding Wendong 1

Affiliation(s)

1 Department of Law, Guilin University of Electronic Technology, Guilin, China

Corresponding Author

Ding Wendong

ABSTRACT

At this stage, with the continuous deepening of the comprehensive rule of law and the guidance of DC Thought on the Rule of Law on Socialism with Chinese Characteristics for a New Era, China has initially established a relatively mature administrative legal system. As a new way of national administration, administrative agreements are of great practical significance for the establishment of service-oriented government and the modernization of national governance system and governance capacity. At the same time, administrative agreements, as a relatively new and important administrative means of modern administrative law, can promote the implementation of administration by relevant administrative organs. The state achieve administrative objectives. Due to the way of the conclusion of the administrative agreement and the difference between the subject of the conclusion, the administrative agreement has dual attributes, that is, administrative and contractual. Especially when the administrative agreement is included in the scope of administrative litigation, it officially indicates the difference between the administrative agreement and the civil contract in the legal system, which also leads to the lack of administrative agreement in China. There is a lack of uniform criteria for judging whether it is an administrative agreement. Therefore, it is necessary to make accurate and effective judgments based on the main body, purpose and content of the administrative agreement and pay close attention to the core characteristics of the administrative agreement to ensure the stable play of the role of the administrative agreement.

KEYWORDS

Administrative agreement, judgment standard, administrative law, civil contract

CITE THIS PAPER

Ding Wendong, Research on the criteria for judging administrative agreements. Science of Law Journal (2024) Vol. 3: 22-28. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030304.

REFERENCES

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