On The Liability For Breach Of Administrative Contract And Judicial Relief

Administrative contract is named as public contract or public law contract in the Continental Law Legal Family country, and defined as government contract in the Anglo-American Legal Family country such as England and America .In the foreign country especially in France and Germany, it has developed to be an increasingly mature system, which benefits from the perfect theory. But our administrative law scholars research administrative contract only to involve in its general theory. Although in this context, it is not satisfied with us. As to the liability for breach of administrative contract, there are few works and articles to discuss it. In this case, it is very necessary for us to study the liability for breach of administrative contract in order to establish administrative contract system in our country. However, it is dispensable to observe the general theory of administrative contract that we study the issue to the liability for breach of administrative contract, namely, we shall acknowledge and comprehend the conception and attribute of administrative contract. Administrative contract originates from civil contract. It evitably develop bringing with the trace of civil contract. Therefore, it is dispensable for us to draw on experience of the system of the liability for breach of civil contract so as to establish the system of the liability for breach of administrative contract. Naturally, this paper, on the basis of observing the domestic and foreign theory, defines the conception and attribute of the liability for breach of administrative contract, and mainly discuss the imputation principle, the constitution elements and the remedy method. Finally, this paper also makes simple addition and reconstruction to the system of judicial relief, and tries to establish the relief system of administrative litigation for breach of administrative contract.