Research On Several Issues Of Administrative Contract

Along with the modern social market economy and the development of the democracy, the" market failure" gradually changed to the" government failure". Because well inflates of" interfere with the administration" at economic and public administration realm is more and more limited, the traditional compulsive administrative method is already hard to adapt to the special request of economic, hence the administrative contract, administrative guides, the positive the administrative method produces with the tide of the times. Especially the administrative contract with its in compulsive characteristic, encouraging participation of the opposite, develop in the above realm quickly, and was deeply welcomed, trusted in by the opposite in administration. The objective administration actuality comes to a decision that the administrative method must change its traditional administrative legal theory and create the new principle the new administrative method. With the abundant administrative behavior legal theory system, at the same time, promote the development of the behavior of administrative contract.There are six problems in this thesis.Preface. The rising of the administrative contractIs inseparable with the development of the administrative power. And unified the "administrative contract" with the "administrative bargain", for the " administrative contract".The first part is the development of the administrative power and the rise of administrative contract .The development of the administrative power can be divided into three periods: Ⅰ The classical administration in eighteen and nineteen centuries, the method in this period, because of being placed in the capitalism develops initial stage, as a result at that time national administration impersonation public order police, keep night watch the person's role, the administrative power regard compulsive, passive as the main characteristic. Having no the soil of the vivid administration in this kind of flexible administrative contract method growth. public administration. Ⅱ In early twenty centuries , it is the period of the administration country, the administrative power performance is an active, expansion and interfere – nce severely, the " for interfere with the administration" of generalizing. As a result the nation starts the control that emphasize to the administrative power and make to invite. But administration organ and opposite relation still then resist against each other, for characteristics, then serve and cooperate for the administration contract of the foundation principle still lacks of social background.Ⅲ The 60's of 20 centuries, reform the like rising winds and surging clouds in the world democracy, the market economy developed soon, thorough public in idea in rule of law in democracy, the administrative power development appeared the new trend that acculturate, then value the opposite participation, cooperating squarely, among the opposite three way various variety of powers, administration contract be typical model instance that the administrative method change that the administrative power acculturation bring in administrative contractThe second part is the concept and the character of the administrative contract. Firstly, we should be clear with the concept of the administrative contract. ⅠThe concept of the administration contract and characteristics . So- called administrative contract is a agreement that some targets to point administration organization, or the organization of and individual, of buildup, for realizes national administration manage, but sign by law. Administrative characteristics in current nation in contract in administration, there is the general characteristics of the contract again: Administrative characteristics with the combination of the contract characteristics, constituted the characteristic of the administrative contract: The administrative contract behavior is still administrative behavior; the administrative power still develops the indirect function. The administration contract behavior has not and compulsory...