Study On Some Fundamental Theoretic Problems Of The Administrative Contract

The administrative contract is a new administrative device for the government to enforce public polices with the way of contract. Administrative contract was widely used in the administrative practice after the World War II,and came into being legalized in such countries of civil law system as German Portugal etc,which became a statutory administrative way. Administrative contract shows a spirit on the democratization of administration,which is the combination of contract spirit and modern administration idea,and it is valuable for administrative bodies to reach the administrative aims efficiently and to realize the protecting the private and public interest in balance. In this article,the author firstly analyzes the dilemma of the administrative contract in China,then gives the definition of the administrative contract,summarizes its rules of identification. Furthermore,on the basis of the emergence and development of the administrative contract,the author reveals special connotation of cultural value,comparing with traditional administrative act and the civil contract,and suggests some rules and regulations needed to realize the special connotation of cultural value,which mainly are the rules of the privileges of administrative bodies and the rules remedy through administrative legislation in the administrative contract.