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The Application Of The Administrative Contract In China And The Study Of Its Legal Norms

Posted on:2004-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:W S JieFull Text:PDF
GTID:2156360095953787Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The administrative contract, which is more flexible and softer than the administrative order, is adopted in China. Its adoptation in China began which the reform of the economic system. At present, the administrative contract system is not perfect and facing the following problems: First, jurists have not reach a consensus on the administrative contract; Second, some legal provisions about the administrative contract are not consistent; Third, there is deviation in practice from the administrative contract; Last, there is not a consistent remedy system.In China, defining the administrative contract, jurists mainly depend on the subject, purpose, content, rule and other elements. The only matter disputed among them is whether the administrative subjects can conclude a contract. This paper holds that the content and rule are the nature of the administrative contract while the subject and purpose are characteristic of its form and that the administrative contract, as a special way of administration, is an agreement based on the opposite opinions of an administrative subject and a private company or person to set up, alter or terminate the administrative legal relationship.The administrative contract system is of constructive significance to the implementation of ruling the country by laws. It can not only guarantee democracy and human rights, but also realize the balance between the public interests and the individual interests. Also, we can replace and supplement the legislation with the administrative contract to raise the administrative efficiency and achieve fairness.The optimum channel for the establishment of the administrative contract system is to lay down a complete administrative contract law independent of the common contracts. Based on the principle of balance, the administrative contract law should normalize its typical contents: First, it should confirm the contractual privileges of the administrative subject to ensure the administrative purpose to be realized; Second, it should set up administrative procedures for the rulers' privileges to preclude the abuse of rights; Last, it should establish the rules of review and litigation of the administrative contract to make a perfect remedy system in the light of the characteristics of the administrative contract.
Keywords/Search Tags:the administrative contract, the administrative remedy, the value of nomocracy, the relative person
PDF Full Text Request
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