浅析行政协议的识别

On the Identification of Administrative Agreement

摘要: 2019年12月10日，《最高人民法院关于审理行政协议案件若干问题的规定》出台，对行政协议诉讼制度作了专门规定。全文共29篇，从八个方面展示了重大制度创新。如何界定行政协议，判断其行政性质，并与民事合同等非行政协议相区别，是我国法学理论界和实务界关注的问题。本文通过分析行政协议的定义，阐释《行政协议司法解释》中规定的行政协议的四大特征，提出关于行政协议定义与受案范围的反思，进一步识别行政协议。

Abstract: On December 10, 2019, The Provisions of the Supreme People’s Court on Several Issues concerning the trial of administrative agreement cases were issued, which made special provisions on the liti-gation system of administrative agreement. There are 29 articles in this paper, which show the ma-jor institutional innovation from eight aspects. How to define the administrative agreement, judge its administrative nature, and distinguish it from the non-administrative agreement such as civil contract, is a problem concerned by the theoretical and practical circles of law in China. By analyz-ing the definition of administrative agreement, this paper explains the four characteristics of ad-ministrative agreement stipulated in the judicial interpretation of administrative agreement, and puts forward the reflection on the definition of administrative agreement and the scope of accepting cases, so as to further identify the administrative agreement.