The Analysis On The Contract Theory In The Administrative Contract

With the development of the society, there is a widespread concern over the phenomenon that the administrative contracts are outstanding. We used the public law as a starting point to study the administrative contract, but we often overlooked the administrative contract's contractual.So this article start from the essence of contract theory, analysis of the nature of administrative contracts, contract theory will be introduced into the reasonableness of the administrative contract, and explore the introduction of contract theory have an act on the administrative contract.Generally speaking this article includes four chapters:The first part:The nature of the administrative contract. The domestic and foreign theories still have dispute about the concept of the administrative contract. The author thought the first thing what we should do is to determine the concept of the administrative contract. The concept of the administrative contract plays the basic role of studying the nature of the administrative contract. The author defines the administrative contract is a contract that one of the parties is the administrative agency, the purpose is to implement the administration and the parties reached agreement. The author compared the administrative contracts with the civil contracts, and analysis of the similarities and differences between the two contracts.The second part:The introduction and the appliance of the contract theory in the administrative contract. The author thought that there are many reasons in to introduce the appliance of the contract theory in the administrative contract. The basic principles of contract such as freedom of contract principles can be used in the administrative contract. And many contract system also can be used in the administrative contract.The third part:The significance of introduce the contract theory to the administrative contract. The function of the contract theory is that the principles of the freedom of contract theory be introduced into the administrative contract. In addition, the administrative subject who have the optimal could combine their right to the contract theory that the only way to standardize administrative subject's obligations. Finally, because the administrative subject have the privilege, the contract theory can restrict the privilege.The fourth part:The limit of the contract theory in the administrative contract. On the one hand, the nature of the administrative contract are not private. There are many differences between the administrative contract and the civil contract. The special nature of the administrative contracts make the subjects are different between the administrative contract and the civil contract. The object of administrative contract has a certain particularity. On the other hand, the restriction of the contract theory in the administrative contract. First, the treaty-making power should be restricted. Second,During the particularity of the administrative contract, the principle of contractual freedom be restricted. The administrative contract parties must be choice the writing way. Third, the content of the contract should be limited. Fourth, the administrative agency can monitor the performance of the contract. During the performance of the contract the administration subject have the privileges, they have the rights of guidance, supervision and management. Fifth, it is so strict that if an administration contract want to be terminated. Sixth, administrative agency and administrative counterpart all have the complex contractual liability. Finally, the author write the remedies of the administration contract.Overall, use contract theory to explore some issues of the administrative contract, I am not only to know the contract theory play a great role for the administrative contracts, but also summed up that the contract theory have some limitations. Use the different perspectives to study the contract theory, we will research the contract theory more widely in the future.