| According to the theory of administrative law and the current administrative substantive law in China, the Chinese administrative litigation system is based on the legitimacy-oriented review of specific administrative acts. As a result, administrative disputes arising from administrative agreements cannot be covered by the scope of accepting cases of administrative litigation. In order for an administrative agreement to enter into administrative litigation, an administrative act must be extracted from the administrative agreement. By dividing an administrative agreement into "administrative act" and "other acts of agreement", the administrative act arising therefrom can be covered by the scope of accepting cases of administrative litigation. This approach can contribute to dispute resolution to a certain extent, but cannot be supported by the theory of administrative law. In fact, an administrative agreement, which is an administrative activity similar to a specific administrative act, should be parallel with a specific administrative act. The precondition of establishing the administrative agreement litigation system is to clarify the relationship between administrative act and administrative agreement. Under the current Chinese legal system, there is still no substantial law providing for administrative agreement or its institutional construction. In order to establish an administrative agreement litigation system, China should first adjust the administrative litigation system and define the scope of administrative litigation by "administrative dispute" instead of "administrative act", so as to ease the tension between administrative litigation system and administrative litigation theory, and create an institutional space for the establishment of the system in the future. |
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