Review of Regulatory Model and Applicable System for the Scope of Administrative Agreements

Abstract

With the rise of PPP agreements and the expansion of the scope of public law adjustments, administrative agreements have become a way for governments to achieve administrative acts. At this stage, the scope regulation model of China's administrative agreement is the "general prohibition" model, in order to give full play to the advantages of the administrative agreement, after fully comparing the three regulatory models, we put forward the "general allow, special prohibition" model that we should adopt. At the same time, the legal application of administrative agreements has been clearly sorted out. The institutional characteristics and composition analysis of "preferential rights" such as unilateral cancellation and modification are elaborated, followed by logical proof of its application to civil law norms, and finally the possibility of its inclusion in administrative reconsideration is demonstrated, and a preliminary substantive review plan is proposed.