Legal-Philosophy Study On The Fundamental Theories Of Administrative Contract

As the important content of private law, contracts have been widely used in the field of public law, among which the administrative contracts are outstanding. The essence of the administrative contracts is the private law contracts' application in public law, whose appearance brought great impact on the fundamental theories and practices of the traditional administrative law. Equity is the essence of contracts, and the foundation of making contracts is the equal distribution of rights and duties. The administrative contracts realize the administrative power in the way of contract, or in the way of contract to regulate the administrative power. So the development of the administrative contracts is a kind of phenomena of combination of the public law and the private law, in the meantime also the necessary content in the process of legal development. Because of lack of necessary theoretical research angle and depth, most of Chinese scholars have been content with studying on the relative issues of administrative contracts from a single micro angle of either public law or private law. This kind of single-micro study angle is both dispersive and subjective itself, so it is impossible to realize the theoretical combination and methodological innovation. Due to the administrative contract fundamental theoretical study deficiency, there lacks analysis on a series of the fundamental theoretical and jurisprudence logical issues in the technological discussion under the angle, and it cannot provide fundamental theoretical support for the administrative contract mechanism...