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On Jurisprudence Origin Of Administrative Contract

Posted on:2006-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WangFull Text:PDF
GTID:2166360155957079Subject:Law
Abstract/Summary:PDF Full Text Request
With the economic and social development, the range of government managing social affairs is becoming more extensive, and traditional administrative means is not able to make the society get well developed, therefore, administrative contract comes into existence. Administrative contract is a new type of administrative pattern, and it is a special pattern between public law and civil contract.In China, the appearance of the contracted responsibility system with remuneration linked to output serves as the beginning of the substitution of administrative contract for administrative order. However, the theoretical study into administrative contract is relatively late, and the basic theoretical system has not been established, and nor is there the unified legislature, instead there are only some articles scattered in certain specific regulations. This thesis attempts to study some basic problems of administrative contract from the perspective of jurisprudence, and it hopes to have some guidelines for the practical work of the administrative contract. Contract originated in ancient Greece, where there were favorable graphical conditions, and where the simple commodity economy got highly development. It was not written into law articles until the period of ancient Rome.With the development of commodity economy, the spirit of freedom, of fairness and of honesty that are embodied in contract of civil field becomesmore mature, and it gradually penetrates into public law field over the boundary of private law. Administrative law, the main component of public law, encourages the spirit of contract, and its typical representative is administrative contract. Administrative contract is the contract of implementing public affairs directly, which is made between administrative subjects, or between an administrative subject and natural persons, legal persons and other organizations in order to live up to the national administrative management goals. It reflects the heightening of democratic spirit by administrative law, and shows the pursuit of fair conception and the succession of honesty principle. Although administrative contract stems from civil field, it is quite different from the latter. The main distinction is, in the purpose of protection of public interests, that the administrative contract allows administrative subjects have some privileges. That is the magic of the administrative contract, which is the integration of this kind of right into the spirit of contract. The author draws on the experience of the foreign research findings about administrative contract, and makes a simple induction about the privileges to which administrative subjects are entitled in our administrative contract. These privileges include the right to vote unilaterally, the authority to supervise, the right to modify unilaterally, the right to contact the contract and the right to punish. The same time when administrative subjects enjoy the privileges, they should abide by the specific private law principle, in order to lighten administrative privileges and thus to arrive at the...
Keywords/Search Tags:Administrative contract, Administrative privilege, Contract spirit, Harmonious society.
PDF Full Text Request
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