Analysis on the Tolerance of Reverse Litigation in Administrative Agreements
The emergence of the flexible administrative management mode of administrative agreements challenges the rationality of the existing dispute resolution channel under the circumstance that the administrative counterpart does not perform the agreement,and then questions the possibility of the construction of reverse litigation system.Its construction is faced with the difficulties of entity identification of administrative agreements,the traditional thinking of"people suing the government"and the existing solution strategy of non-litigation execution.However,correspondingly,the relational theory of administrative laws,the theory of equality of litigation rights,the final principle of justice and the purpose of whole-domain control provide intellectual support for breaking through the dilemma.Against the background of an overall view of administrative litigation,the construction of the reverse litigation system of administrative agreements still expects the game between the effectiveness of the system and the necessity of rights protection.There is no realistic possibility in the short term,but the institutional advantages it demonstrates may be employed amidst the new opportunity of reform.
administrative agreementreverse administrative litigationlitigation structureplaintiff in administrative proceedings
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