Law Analysis Related To Question Of Administration Contract

Administration contract in present stage in our country is only an academic theories concept, did not have the clear and definite definition on the judicatory. A kind of phenomenon has appeared in our country that administration corpus the conduct and actions the contract a square the party concerned in planned economy ages, along with market economy, the relation of production and power become clear, particularly the change that is a government working talent, this kind of contract phenomenon become more and more widespread. Because this type of contract's great majority takes the obvious administration purpose, comparing with general civil contract, administration contract has the bigger specialty; its quality and relief have been focus issues. According to the popular way of speaking, the administration contract has two qualities: the administration and the contract, its gives relief should apply the administration law, solving through the administration law, but in fact, not a few people of theories field believe that the contract have the typical administration contract characteristic, adopting exactly a civil case to give relief means in practicing. Promulgating lately <> has clear and definite provision, duty of the land contract belongs to the civil duty, suffering the civil law adjustment, its reason of the above theories and practice dislocated, although has the big connection with the complexity and variety of administration itself ,but the most basic reason is: Not distancing theadministration contract and the behavior of the administration contract and having difference about standard of administration behavior and administration contract- administration contract relief behavior in current theory, the former is law standard, but the latter is management or public welfare standard. This text tries to investigate the law relation which create from administration contract behavioral by anglicizing the difference between the administration contract and the administration contract behavioral, then put forward own idea: Administration contract is a agreement which using administration corpus as its administration purpose and the citizen legal person and other organization reach base on similar meaning through consultation, it is pleasing result for both parties, the administration contract has and only has one party concerned as its administration corpus; but administration contract behavioral is a behavioral when administration corpus establishment, implement, change, terminate administration contract, it is single and concrete, the two sides have Different innate character obviously. The administration contract behavior may cause both civil law relation and administration law relation, if the administration contract behavior has clear and definite basis of Administration law, then the behavior cause administration law relation, the establishment, implement, change, terminate of all related contract must be adjust by administration law and relief as norm of administration law, or it is civil law relation and must be adjust by norm of civil law. Administration contract may relief through outlet both civil and administration.