Research on the validity state of illegal administrative agreement

Abstract

In civil law, the judgment of the validity of contract and the judgment of legality are integrated, and a contract that is considered illegal is absolutely invalid. We only know the theory of property obligation dichotomy, and have never thought that legality and validity can be viewed separately. This guiding case issued by the Supreme Court also gives us a deeper understanding of administrative agreements, which are very different from civil contracts. Therefore, the author hopes to draw out the judgment criteria for the validity of illegal administrative agreements from this guiding case.