On The Administrative Remedies Of Government Concession Agreement

The government concession agreement is a typical administrative contract that uses the methods of open bidding,invitation to tender,etc,while consulting citizens with one accord.The agreement grants them authority to operate a public product or provide for the public in areas of limited natural resource development,public infrastructure construction,public service provision,etc.The government concession has a complex rights and duties,a long period of time to perform,directly related to the public interest.In order to solve the dispute promptly and prevent public interest from being damaged,it is necessary to establish a perfect system to dispute resolution.In 2014,the revision of Administrative Litigation Law has incorporated the government concession agreement into the scope of the case in the article 12.From the legislative level,the government concession agreement is an administrative contracts.By this way,we have preliminary constructed the administrative litigation system of administrative contracts in China,which points out the development direction of the administrative remedies of government concession agreementThe government concession agreement is an administrative act,but the administrative reconsideration and administrative litigation of our country are mostly based on Unilateral Administrative Act,which lead to the judicial rules can not be directly applied to Bipartite Administrative Act.The administrative remedies of government concession agreement faces major problems,including the concept lacks a clear definition,the legal position of the laws and regulations of franchise is too low and they do lack of uniformity,which lead to relief channels chaotic and complex.The neutrality,openness,and professionalism of administration reconsideration are difficult to guarantee and cannot be truste.The traditional administrative litigation is difficult to actively respond to the bipartite administrative act.It's not clear whether the rules of administrative act apply to the government concession agreement.The prosecution qualifications of the administrative litigation,the scope of the case,the period of the prosecution,and the examination standards also need to be improved.The scope of state compensation is too narrow,and the administration compensation lacks uniform standards,has a large regional differences and randomness,as well as how to fairly and objectively evaluate damages.Solving the dispute of the government concession agreement and establishing a unified and standardized,fair and efficient administrative relief mechanism.First of all,on the relief of administrative reconsideration,we should set up a special administrative agreement management committee,insist the principle of comprehensive review and improve the transparency of the procedure.Secondly,on the administrative litigation,we should expand the scope of plaintiff qualification and scope,set up special rules to avoid the judicial rules of unilateral administrative act all directly applied to government concession agreement,and expand administrative rights relief channels when the administrative relative person is in breach of contract.Thirdly,on the administrative compensation,we should expand the scope of compensation,clarify the procedures of administrative compensation decision organs and voluntary agencies,increase the third party evaluation mechanism and so on,strengthen standardization and institutionalism.Finally,improving administrative public interest litigation and supervising legal administration to protect the interests of the state and social interests in the process of franchising.