The Research On Contractual Administrative Supervision

Carrying on the supervision to the contract is a legal system with Chinese characteristics, it is a administrative supervision management activity , which means the administration for industry and commerce and other relevant administration carry on supervision and punishment in accordance with law , administrative statute within the range of their own functions and powers to the men who engage illegal activities by utilizing contract to endanger national benefit , social public interests . Since the socialist market economy system of our country was established, obviously westernized inclination has appeared in our country on managing in contract, desalinize even cancel government administration in contract, in addition market economy has the inherent defect too serious to overcome, such as spontaneity, posterity, and disorder, so, implementing the macroscopic supervision on the contract have extremely great meanings.Though more overall supervision means or ways have prescribed, such as investigating and prosecuting illegal contract, supervising contract terms of the form ,the activity of observing contract and attaching importance to credit, contract administration mediate, discerning etc, the administrative supervisory system of the contracts existed very obvious defect established during the era of planned economy of our country and after issuing for enforcement of " contract law ". For example " contract law " has just done the principle regulation to the administrative supervision of the contract, there are not specifically regulation about the range, method, form of contract supervision, the kinds of contract illegal activities , punishment standard etc. it have not the operating nature. So, in order to safeguard the normal marketing order, protect contracting parties' legitimate rights and interests, I propose, we should strengthen the contract administration and legislate , the unified " administrative supervision regulations of the contract" should be issued and made by the State Council.Making the unified " administrative supervision regulations of the contract " should insist on implementing the legal doctrine of authority to supervise under the guidance of protecting the free competition, building the justice, rational and legal competitive environment, protecting country and social public interests, maintaining marketing order, persisting in integrative supervise, promoting economicdevelopment etc, that is to say, the administration for industry and commerce and other relevant administration carry on supervision and punishment accord with legal functions and powers and procedure to natural person legal person and other organizations who try to gain illegal interests by utilizing contract to endanger national benefit , social public interests as object to violate the law, administrative statute. This kinds of supervision must have met the needs of market economy, on one hand must carry on the supervision in an all-round , effectively way within the range of their own functions and powers , on the other hand should strictly according to the law and administrative statute, supervise in accordance with the law; The contract that on one hand must respect the party' s freedom, reflect and maintain the independent of the market main body, strengthen equal consciousness; on the other hand will strengthen the sanction dynamics to the noncompliance and contract illegal activities.