Researches Into Concluding Procedure Of Administrative Contract

It becomes a trend that administrative departments of current government use contract methods to achieve the administrative intention. In the recent years, Chinese administrative contract makes rapid progress not only in theory but also in practice. And the substantial effect of administrative procedure rises in the whole administrative law frame. The thesis studies the close relationship of administrative contact and administrative procedure through the point of concluding procedure.Chapter One elaborates the significance of concluding procedure of administrative contract in the angle of jurisprudence. Firstly it studies mutual effect of procedure and contract. In this mutual effect, both administrative procedure and administrative contract are the logical conclusion of democratic and participant administration. Secondly, it studies administrative contract of both pro and con: positive effect of administrative contract and some disadvantages and deviate behaviors in concluding practice. It is a necessity in the construction of modern administrative system, but it needs controlling. Thirdly, it studies the positive effect of concluding procedure of administrative contract, which is the original motive of this thesis.Chapter Two studies detail concluding procedure of administrative contract. The main contents are: the methods of concluding administrative contract; the principle that concluding administrative contract shall obey, such as principle of participation, principle of legality, principle of equality and freedom, principle of efficiency, principle of good faith and principle of equivalent procedure burden; basic systems of administrative contract's conclusion, such as system of hearings, system of sequence, system of notification, system of publicity, system of functional separation, system of recusation, and system of prescription; procedural rights and obligations of both parties.Chapter Three thinks some illegal act of treaty-making procedure and its remedy. Only making sure which party is possible to violate the law first, we can analyze the conditions of illegal concluding procedure. Administrative contract's conclusion is joint act of both parties, which has distinct difference from unilateral specific administrative act. Therefore, both parties are possible to violate the law. Then it introduces six conditions of illegal act of concluding procedure of administrative contract. Following it is the way and procedure ofremedy. This thesis introduces Chinese present situation and some problems of remedy approach of administrative contract, then analyze the necessity of putting administrative contract dispute into administrative litigious remedy, and also compare and consult western remedy systems of administrative contract. On this basis, this thesis studies construction of remedy system of administrative contract's conclusion in China at last.