Analysis Of Administrative Contract And Its Legal Status

The thesis points out in the Foreword that the constant development of productivity has caused the constant changes of modern legal systems. Administrative law theory, inspired by the ideas of democracy, is also in an enduring process of change to meet the need of the new time, which developed from the early theories of management and power protection to the theories of service, welfare, balance and power control. With the new understanding of the purpose for a nation as a welfare nation or administration presentation, the purpose of administration is now an active role to provide social welfare and to readjust the orders of environment, economy, etc. rather than passively maintain the public order of the society, the security and the independence of the nation as in 19th century. It is under this circumstances that administrative contract comes into existence to be a new style of mild administrative means.In China, with the foundation of market economy and the improvement of democracy in governmental administration, traditional administrative systems are experiencing a profound reform. The role of the government is changing from the institution of control to that of service while the administrative means are also multiplied and the administrative process more transparent. It is more and more common that the administrative subject sign contract with the counterpart. Administrative contract as the new administrative means is an important mark of the transformation from administrative authoritarianism to administrative democracy, from command administration to contract administration, from planned economy to market economy.The second part of the thesis discusses the history of administrative contract and its development in the Continental and the Common Law nations. After the comparison and the analysis of the concepts of administrative contract, the third part redefines administrative contract as the meeting of minds between administrative subject and counterpart to determine their rights and duties based on the need of administration. Part four are the four principles applied to the administrative contract, like that of good faith, etc. Part five is about the classification of different kinds of administrative contracts. Part six focuses on the difference between administrative contract and concrete administrative act. Part seven makes a comparison between administrative contract and civil law contract. Part eight lists the twelve major kinds of administrative contracts found in the administrative practice in China. Part nine puts forward the proposal of the remedy for the dispute of administrative contract.The thesis, through the comparison and analysis of different theories of administrative contract and based on the need of administrative practice, tries to propose a complete legal status of administrative contract to get ready for the legislation of the administrative procedural law and to meet the need for the rule of law and the construction of the harmonious society.