Research on the Issue of Administrative Agreement


  • Qin Liu
  • Fan Liu



Administrative agreement, Scope of administrative agreement, Exercise of priority.


The system of administrative agreement is one of the important means of contemporary public administration. It is the integration of administrative power and contract spirt. The difference between administrative agreement and other administrative means is that the state can make the public administration objectives more specific in the form of administrative agreement, and tend to be legal, and stipulate the specific rights and obligations of both parties in the form of contract. The advantage of administrative agreement lies in the integration of right elements and contract spirit. Firstly, administrative agreement is an agreement reached by administrative organ and administrative counterpart through reasonable discussion; secondly, as the parties to the agreement, the administrative subject still maintains its original credibility to ensure the realization of its administrative purpose. Through the protection of the administrative agreement system, it is helpful to clarify the rights and obligations of both parties to the agreement, ensure the realization of the administrative objectives, and solve the problems. Based on the analysis of the problems existing in the current administrative agreement system, this paper proposes to standardize the scope of administrative agreement by administrative procedure, clarify the scope of administrative agreement and civil agreement by judicial interpretation, and restrict the exercise of priority, hoping to realize the value orientation of administrative agreement and protect the interests of the people through the above measures.


Jiang Mingan. Research on administrative procedures [M]. Beijing: Peking University Press, 2006: 288-290.

He Haibo. The elements of lawfulness of administrative acts: the reconstruction of the basis of judicial review of administrative acts [J]. Chinese Jurisprudence 2009.(04): 565-604.

Tan Jian. Research on the revocation of administrative acts [M]. Wuhan: Wuhan University Press, 2012: 149-180.

Jiang Bixin. Administrative litigation law - an exploration of difficult issues [M]. Beijing: Beijing Normal University Press, 1991: 70-71.

Lin Yaochang. Research on the effectiveness of administrative contracts [M]. Beijing: Law Press, 2010: 52-87.

Wen Wei. On the unilateral change and dissolution of administrative agreements [J]. Nanhai Jurisprudence, 2019 (01): 38-52.

Fu Shicheng. The main problems of using administrative agreements in China [J]. Administrative Law Studies, 1993 (02): 201-233.

Wu Huiji. Exploration of the scope of administrative agreements and remedial procedures [J]. Jurisprudence, 2020(04): 557-562.

Hou Xiaoyin. Research on the recognition criteria of invalid administrative agreements [D]. Huabei: Huabei Normal University, 2020.

Cristina IONAŞ, The administrative agreement as a legal form for public services in comparative and roman law [J]. Bulletin Of the Transilvania University of BraŞov: Series VII: Social Sciencea, Law, 2012(07): 103-108.

Ying Songnian. Comparative administrative procedure law [M]. Beijing: China Legal Publishing House, 1998: 251-281.

Wu Wenliang. Research on the application of the law of administrative agreement revocation [D]. Zhengzhou: Zhengzhou University, 2020.

Wang Mingyang. English administrative law [M]. Beijing: China University of Political Science and Law Publishing, 1987: 224-266.

Chen Yikun. Administrative agreement system [N]. Tonglu Today, 2020-05-15(10).

Lv Mengying. Research on the litigation of administrative agreements in China [D]. Wuhan: Huazhong Normal University, 2018.



20 September 2022

How to Cite

Liu, Q., & Liu, F. (2022). Research on the Issue of Administrative Agreement. International Journal of Education and Humanities, 4(3), 83–88.