On The Application Of The Law About The Administrative Contract

With the gradual application and development of the administrative contract in the administrative acts, many more administrative practices and goals are completed by the means of the administrative contract. But, China's administrative contract system is influenced by the background of the reformation in the economic system and the introduction of the foreign related theory, and the history of the administrative contract is very short, inevitably it is not so mature, China's special conditions and social background are absence of synchronism in the process of combining with the foreign administrative contract theory. Currently, all of the China's administrative contract theories are built on the basis of the study of the foreign administrative contract theory and the thoughtfulness about china's special conditions, these researches help the development of the study of the china's administrative contract theory. Nevertheless, because there is no agreement on the study of the administrative contract, and the related legislation still remains uncovered, the judicial activities have no any law and regulation to follow. On the contrary, the judicial interpretation made by the Supreme People's Court is often applied, it become a wonder in the times when China runs state affairs according to law. So, it is essential that a thorough analysis of the administrative contract. We try to decipher the state of being confused on the application of the law about the administrative contract, in order to find out the root causes — the so called four paradoxes of the legal value, then reacquaint them and confirm their rational and objective existence, and wish to provided the theoretical base for the application of the law about the administrative contract finally.In the logic structure of the paper, the author firstly embark from the realistic question of the application of the law about the administrative contract, specifically elaborate the three confusions during the practice about the administrative contract, then analyze the four roots of the confusions from the traditional legal science angle, namely so-called four values paradoxes. Through utilizing the new idea of the administrative law to analyze the harmonious paragenesis of the paradoxes, and it looks like a subversion again the traditional legal science on the surface, but in the essence is the critique and development to the traditional legal science. The author profound the various relations and characteristics of the social bodies in the residential society, thoroughly understand the contradiction and conjunction of the various bodies under the modern market economical condition, comprehensively analyze the influence about the administrative contract from the modern social democratic value and idea, objectively study the inevitable change and tendency of the administrative action under the big background of the welfare state, in order to establish the powerful rationale for the value paradoxes about the administrative contract, finally provide a more feasible outlet for the administrative contract law.