Study On Unilateral And Bilateral Contracts In Administrative Law

The aim of the modern administrative law is the balance between the right of an individual and the authority of the government and to achieve this balance is to restrict the administrative power. The whole process from making an administrative contract to carrying it out is one that the two interested parties negotiate and address their own requirements to each other, which as a result leads to the balance between the government's authority and individual's right. The profit game involved in the process appears in the contract as the distribution and design of the rights and obligations of the parties. At the beginning of the combination of contract and administrative law, administrative contract is in general aspect in disorder in terms of the types of the contract and its application. Therefore, it is significant to sort and categorize the rights and obligations of the interested parties of contract for eliminating the difficulties of studying administrative contract. Consequently, it is necessary, in the sense of the real integration of contract into administrative law, to seek proper standards that can clearly describe the rights and obligations and establish systems of rules from the aspect of studying the contract types.This thesis is a thorough research into unilateral contract and bilateral contract on the basis of a summarizing the contract types of private law and administrative law as well as the typical categorization of contracts in private law. Rules and regulations of the bilateral contracts of Germany and Taiwan province are discussed in the thesis because of their maturity and advance. It demonstrates the definitions and distinguishing standards of the unilateral and bilateral contracts in private law, namely the diversity of interested parties, the administrativity of payment, and statutority of obligation.Due to the application limit and individuality, this thesis analyses the examples of the making and implement of the commission contract of government's authority and administrative promise contract; and because of the much possibility of different parties making bilateral contracts, it also generalizes and evaluates the circumstances of the contract making inside and outside the administrative system.