A study on the necessity and feasibility of constructing a reverse litigation system for administrative agreements
Administrative agreements were included in the scope of administrative litigation for the first time when the Administrative Litigation Law of the People's Republic of China was implemented in 2015.In practice,although administrative entities can seek relief through unilateral changes,termination of agreements,non-litigation enforcement,and civil litigation,it is still necessary to build a reverse litigation system in pursuing equality of litigation rights,distinguishing administrative agreements from administrative actions,and other issues.The construction of this system is feasible in terms of the legislative purpose of administrative litigation and extraterritorial practice,both in the initiation of litigation procedures and the improvement of the burden of proof.
administrative agreementsreverse litigationequality of litigation rightsburden of proof