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Academic Journal of Humanities & Social Sciences, 2022, 5(10); doi: 10.25236/AJHSS.2022.051005.

Research on the criterion of the invalidity of administrative agreement

Author(s)

Zhang Wenyan

Corresponding Author:
Zhang Wenyan
Affiliation(s)

Law School, Guilin University of Electronic Technology, Guilin, China

Abstract

Because of the dual attribute of administrative agreement, there is a conflict between administrative law and civil law in the concept value of effectiveness. The legal application of the invalidity of administrative agreement generally adopts the view of mixture theory. But because the law does not have the explicit stipulation, the academic circle also debates endlessly. That is to say, in judicial practice, there is also a dilemma in the application of the law to the determination of the invalidity of administrative agreements and how to apply the law, so it is necessary to construct the rules of the application of the law to the determination of the invalidity of administrative agreements, according to the general rules of priority application of administrative law norms, the specific rules of application of administrative law norms and civil law norms are established.

Keywords

Administrative agreement; invalid; applicable law

Cite This Paper

Zhang Wenyan. Research on the criterion of the invalidity of administrative agreement. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 10: 27-31. https://doi.org/10.25236/AJHSS.2022.051005.

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