论就业协议中的行政行为

摘教育主管部门签章同意毕业生与用人单位签订的就业协议，该签章行为在行为模式上区别于行政合同，应界定为行政审批。就业协议中的行政行为在行为性质上属于人事管理的行为，具有司法审查的可能性，但存在许多法律适用上的空白和判决生效后执行上的困难，目前亟待程序法和实体法的规范。

On the Administrative Act in Employment Agreement

When the graduate and employer sign an employment agreement, education department is supposed to sign and approve it. In the term of behavior pattern, this signature is different from administrative contract and should be defined as administrative approval. In the term of behavior nature, this signature is classified in person- nel management with the possibility of judicial review. However, there are several problems concerning the application and implementation of this administrative act. Therefore, administrative act in employment agreement is in the need of the regulation of procedure law and substantive law.