Argument About The Judical Remedy Of Administrative Contract

Administrative contract came into being during the process of Chinese economic system transforming from planned economy to market economy. As a result, it makes no difference with civil contract in real practice, which ended in that it will be tried in the way of civil procedure by court. Hence, it is undoubtedly adverse to the opposite party, and it doesn't conform to the characteristic of administrative contract. It is a good combination of free consultation and regarding executive and its opposite party. It is a flexible supervision style, which is being used widely in the field of administrative management. It is in its essence a kind of administrative behavior, and the result of executing power exercising. Whether administrative litigation procedure or civil process will be applied to its judicial remedy procedure has not been unified in judicial practice. According to this paper, it is not an agreement on equal rights in private law between the two parties, but a kind of right and duty in terms of administrative law. It should be restricted and restrained by administrative regulations. Its judicial remedy procedure should apply to administrative litigation procedure, and it is the only choice for disputed administrative contract in excluding other judicial remedy methods. This article, by borrowing the example of developed countries in their law making and also their success in judicial practice, is trying to have a research on Chinese administrative contract remedy system in order to provide an effective and reasonable judicial remedy method to Chinese administrative contract.