The Consummation Of Relief System Of The Administration Contract In Our Country

Along with democratic ideological trend established and developed, and the welfare state pays the administration and the new national goal view appeared , The administrative contract has taken place of high power administration ,which is more gentle and more flexible than high power administration whose character is order and obey .Administrative contract in administration has been universal utilized , which causes the administrative contract dispute also at the same time massively to appear. It also request establishing corresponding relief mechanism, the administrative contract rule, the solution administration contract dispute, in order to protect the public welfare and the contract relative person's legitimate rights and interests. The research of administrative contract relief mechanism can also development the system of the administrative contract has the important theory value and the practice value in our country. This article attempts through to profit from the western nation the advanced procedure and the beneficial viewpoint, and make own suggestions for the administrative contract relief mechanism in our country .The article is divided three parts:In the first part ,the article has made the induction and the analysis to the western main developed country administration contract relief pattern, Pointed out three beliefs patterns which are the common law relief pattern, the public law relief pattern and the public and private mix relief pattern, And analyzes the place which its respective characteristic and our country may profit from, Proposed our country should establish by the public law relief primarily, civil law relief for auxiliary, attentionprocedure control administrative contract relief pattern.In the second part ,the article has conducted the research to the western main developed country administration contract relief way. which has two ways .One way is the judicial relief way ,the other way is the judicature outside way . the article try to tell the content and the comparative analysis on the two ways ,and also reconsiders and constructs about the administrative interview, arbitration, administrative proceedings in our country ,and proposed that we should establish the new relief way in our country which National People's Congress supervises.In the third part ,the article has carried on the discussion to the western developed country administration contract relief measure, and pointed that the induction for announced the contract is invalid or the cancellation illegal activity as well as the harm administrative compensation. Then the article pointed out our country administration contract relief measure should synthesize the western nation "legal to be invalid" and "exceeds authority invalid" the principle, , also should synthesize the western nation "based on not to have the mistake responsibility compensating" and "based on the mistake responsibility compensation" about invalid or abolishes the illegal activity aspect in the announcement contract, which in order to construct the reasonable relief measure.