Legal Dogmatic Analysis of the Scope of Administrative Agreement
As a unique way of implementing the functions of the executive branch,administrative agreements to a certain extent limit or deprive citizens of their basic rights,so their contents must be in line with the constitutional review,to ensure the balance be-tween private and public rights.The"Judicial Interpretation on the Hearing of Administrative Agreement Cases"not only stipulates the concept of the administrative agreement but also creates"bottom line provisions",which leads to the openness and uncertainty of the scope of the administrative agreement,not in line with the principle of legal reservation,affects the expectation of stability of positive law,and in practice leaves room for the breeding of corruption.Therefore,it is necessary to refine the criteria for the recognition of ad-ministrative agreements in accordance with the principles of constitutional review and proportionality by means of a doctrinal interpreta-tion of the concept and essence of administrative agreements.According to the approach of functionalism and the approach of similar in-terpretation,the scope of administrative agreement should be clearly defined.
administrative agreementdogmatics of lawfunctional differentiationthe principle of proportionalityconstitutional review
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