On The Rescission Issue Of Administrative Contract

The rescission issue of administrative contract is a very important theoretic problem that should be systematically studied and solved when China builds its legal system of administrative contract. With an eye to build the rescission system of administrative contract in China, this thesis focuses on the four key issues about the rescission of administrative contract by using the method of comparison, norm analysis and interest analysis. The four issues are: the necessity of setting up the rescission system of administrative contract; reasons to cause the rescission; the nature of the right of rescission; and the procedure of rescission. In the way of systematic analysis of the rescission issue of administrative contract, this thesis attempts to fill the gap in the field of administrative contract law study.This thesis separates into four chapters. Chapter One studies on the meaning of the rescission of administrative contract, the theory and legislation about the rescission, and the validity of the rescission. It proves the necessity of setting up the rescission system of administrative contract. Proceeding from the lawful essentials of administrative contract, Chapter Two analyses the influence of the absence of the lawful essentials on the validity of administrative contract and concludes on such basis the concrete reasons that may cause the rescission of administrative contract.Based on the nature of administrative contract, using for reference the theory and legislation about the nature of the right of rescission of civil contract, Chapter Three explores separately the different nature of the right of rescission that enjoyed by the two parties of administrative contract, which includes the administrative agency and the citizen, corporation or other organizations, and the third party of administrative contract. This part lays a theoretic foundation for building the rescission procedure of administrative contract. From the standpoint of the function of a system, Chapter Four puts forward a frame for the rescission procedure of administrative contract after a scrutiny of the present legal solutions to administrative disputes in China, which is also an accessible conclusion drawn from the nature of the right of rescission of administrative contract analyzed in Chapter Three.