Analysis on the system of ＂Compromise Agreement＂ in Administrative litigation----from the Perspective of System Comparison and Construction
Abstract：The purpose of compromise in administrative litigation is to conserve the judicial resources, and to end the lawsuit as soon as possible, which conforms to the idea of constructing harmonious lawsuit. The basic conditions established by compromise agreement are equal legal status of both parties and the judge participating ira the parties to a certain extent and existence of administrative discretion. By analy- zing positive law, the compromise agreement has both the nature of public law contract in administrative law and the nature of litigation behavior in litigation law. In the force of law, the compromise agreement which has been confirmed has the same potency with the effective judgment. When slight defect exists in the compromise agreement, by combining with our legislative situation of administrative litigation law, the relief procedure should be started through re-trying.
Keywords：administrative litigation compromise agreement nature poteney relief
Publication Date：2012-01-01
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：5( 25-29 )