On The System Of Administrative Contract

This thesis of master degree consists of six parts: preface; the summarization of the system of administrative contract; the basic principles of administrative contract; the dimension of value of administrative contract; the elementary assumption of the system of administrative contract in China and epilogue.Chapter I, i.e. preface, offered the academic background and meanings of the system of administrative contract briefly, and introduced the outline and the innovation of this thesis.Chapter II, i.e. the summarization of the system of administrative contract, which constitutes two parts, one hand first clarified the misunderstand of the conception of administrative contract, thought that administrative contract is more accurate than administrative pact; second probed into some basic attributes of administrative contract, thought that the attribute of contract which is the essential attribute of administrative contract is more important than the attribute of administration which is but a attribute of function; last analyzed the classification of administrative contract and its standard briefly, thought that we should adopt the standard of duty which majors in virtual standard and minors in formal standard. The other hand analyzed the historical background of western system of administrative contract briefly, thought that the historical source of the system of administrative contract consists in the gradual generation of civil society, the popularization of the idea of contract, the surging of the thought of freedom & democracy and the transformation of the basic function of government.Chapter III, i.e. the basic principles of administrative contract; discussed some essential principles simply such as the principle of commonweal first, the principle of reliance protection and the principle of benefit balance. First analyzed the cause of commonweal first and the privilege of administrative agency; then expounded the importance of the principle of reliance protection and its basic content in administrative contract; last introduced the game of interest between the administrative agency and the opposing party.Chapter IV, i.e. the dimension of value of administrative contract, emphasized the value of balance of administrative contract. In a word, the value of balance of administrative contract mostly includes some aspects as follows: the system of administrative contract incarnates the agreement between freedom and equality; the system of administrative contract embodies the balance of right, obligation and power; the system of administrative contract gives attention to both efficiency and justice.Chapter V, i.e. the elementary assumption of the system of administrative contract of China, first introduced some typical systems of administrative contract of western countries, i.e. the system of government contract of some countries of the Common Law which focuses common law, the system of France which focus commonweal and the system of Germany which focus the attribute of contract; next analyzed the status quo and important problem of the system of administrative...