On The Effectuation Of Administrative Contract

Given the international trend of contract-mode government administration, the advantage of administrative contract in the government administrative activities is attracting more and more attention, and the functions it performs become increasingly obvious as well. The effectuation of the administrative contract is the premise that the administrative contract can display its whole functions. Therefore, the study on the effectuation of administrative contract is sure to be an integral part of the complete study of the administrative contract, while at the same time has its own theoretical and practical significance. This thesis consists of three chapters, which separately study the effectuation of administrative contract by comparing with civil contract and traditional administrative action.Chapter One studies the meaning of the effectuation of administrative contract. Although the concept of effectuation is not complex, there are a lot of concepts relevant to effectuation which are easy to cause confusion in practice, such as establishment, effectuation, validity, nullification and inoperativeness. Therefore, this chapter includes four sections, distinguishing the following concepts in turn: establishment and effectuation, effectuation and validity, inoperativeness and nullification, the effectuation of administrative contract, the administrative action with additional article and the administrative action that needs permission. A clear understanding of the meaning of the effectuation is the premise of the study on the effectuation system of administrative contract.Chapter Two explores the effective essentials of administrative contract. The administrative procedure law in other countries and regions only regulates some premises of the effectuation, but whether these premises are effective essentials or not is still in doubt. By using the legislation of the effectuation of civil contract and administrative action for reference and considering the unique characteristics of administrative contract, this thesis finds out the elements that may influence the effectuation of administrative contract. They are: the principle of administration according to law and contractual freedom, the establishment of administrativecontract, will, procedure and form. On such basis, this chapter concludes that the effective essentials include general rules and special essentials. Special essentials can be agreed upon by parties or regulated by law.Chapter Three focuses on the rules that effectuation system of administrative contract supports and analyses some cases in practice. The purpose of theoretic study is to solve the problems in practice. This thesis draws a conclusion that the effectuation system will help to decide the starting-point of limitation and the date of complaint. The case study in the end of the thesis displays the practical value of the study of the effectuation of administrative contract.On the whole, this thesis adopts the method of comparison from the beginning to the end and keeps to the logical thinking of from theory to practice. It has the characteristic of thoroughness in comparison and applicability in practice. It will help to fill the gap in the theoretical research of the administrative contract.