Administrative agreement litigation indemnity and compensation have their own particularity,which is different from administrative indemnity and administrative compensation,and does not belong to civil indemnity and civil compensation.There is currently controversy in the theoretical field,and in practice,judges can make different judgments in accordance with the law.To determine whether an administrative agency should bear indemnity liability or compensation liability in an administrative agreement lawsuit,the principle should prioritize legality and take into account public welfare.Compensation shall be given for losses caused by legal action,and indemnity shall be given for losses caused by illegal action.However,in the case of public interest needs and only procedural violations,compensation can be given only.The indemnity and compensation for administrative agreements should be as clear as possible with specific standards.If they cannot be clearly defined,they should be appropriately increased in comparison to administrative indemnity,and indemnity should be higher than compensation.When making judgments on administrative agreement disputes,priority should be given to the application of administrative legal norms.Even if it is necessary to refer to the application of civil legal norms,it is also necessary to consider whether it can effectively safeguard social public interests.It cannot be arbitrarily referred to or applied.
administrative agreementindemnity and compensationlegal precedencegive consideration to public welfarereference application
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