On Administation Contract

The first part, the define of administration contract. Writer first to administration contract this read to carry on an explicit define all. Because we are big six methods to fasten a nation, the writer point introduced big six methods to fasten nation's define to administration contract, introducing British and American methods to fasten the way of doing of nation in brief, at extensively compare of the foundation top carried on a define to the administration contract. Pointing out administration contract should have two judgment standard: Standard while is a form, namely contract the party concerned in have to have one square as administration corpus. The second part is a substance standard, then take place, change or exterminate administration law to relate to of pleasing. Thus the contract concept of the derivation administration, namely the administration contract mean to take administration corpus as a square party concerned to take place, change or exterminate administration law to relate to of pleasing. On this concept foundation, the writer analyzed two characteristics of administration contract further: Contract, administration.The second part, the entity right obligation which insures an administration purpose a realization installs. The administration contract is the means of administration method, promoting an administration policy and carrying out an administration purpose a service for the government. Therefore, when we consider administration contract to install mode compulsorily in the entity right, should order to make sure for: Since can help realize the realization of particular administration purpose that the administration contract expects availably, take carrying out the essential principle of particular administration purpose as limit again in the meantime, forbid in the not reasonable link of with right obligation. But the particular administration purpose can carry out smoothly, involving both parties in the contract the party concerned to the attitude and the activity that the contract implements. In order to promise the realization of particular administration purpose that the administration contract expects, have to give an administration organization a predominance right, include: First, instruction and direct power implemented to the administration contract. Second, to nonperformance contract compulsory opposite one square of direct execute forcibly power; Third, is a sanctions means of direct relief contract power. Forth, break contract to constitute to the severity illegal opposite a square impose administration sanctions the power of the measure. Fifth, change a circumstance order a square to change and relieve the right of contract in the situation. Sixth, to the hermeneutic power of administration contract. On the other hand, we have to give opposite one square to implement compulsory direct power to the administration organization.The third part, to procedure norm and control of administration contract.The reason that the administration procedure is a modern administration method, perhaps further say, is an administration contract, system entrust, is because the administration procedure is an administration the norm process of decision, can provide the everyone with the bargain of ideal space, promote the opinion dredge, extension choice scope, the benefits for tempering each other. Can remove the position not on an equal footing misunderstanding, make to be placed in a minority of on then canning express an opinion enough and at liberty carry out a pleasing freedom; Can through a lesson add the procedural obligation of the administration organization with give opposite one square procedure top right, make the administration organization predominance's right exercise to conform to reasonableness, promise thus from here an administration choice of making to is a most valid benefit. Positive because of the administration procedure pass to reject administration unscrupulously, opposite square's rights made to be placed in a minority gets an emollient guarantee, just promising administration contract to extend the thought of opposite ginseng and administrative policy decision and management can carry out. Speak from this meaning, the administration procedure really has a rule of law country root function. In order to attain above-mentioned result, on the program design have to consider to provide ideal space and place of the commutation opinion of a freedom for other personnel whom the party concerned and benefits of the administration contract are subjected to that contract influence, should build up the system which limits an administration organization unscrupulously at the same time. In listening to certificate and consultation foundation from elucidation reason, public, get around, teach to show etc. contents formation of the system constructed to promote the role in the procedure divide emollient with independence, making in the process of attending a contract activity opposite square carried out ego the purpose turn, becoming in the procedure is opposite with administration organization to sign of have the corpus of certain function, repressed administration thus and availably unscrupulously.The forth part cent, the system of administration contract. This is the point of thesis. Is divided into two greatly part of. While relieving path outside for the judicatory. First, consultation intermediation.Second, the administration contract arbitrate.Third, ministration contract reply an argument. The second is an administration litigation system. Want to want to complete thoroughly administration contract person administration litigation the category conceive, have to also be to rule and concrete system that the characteristics confrontation of administration contract judges carry on increasing to repair homologous with heavy This has to break administration litigation system to allow the rule that the opposite person sues in it, should also give an administration organization to correspond of indictment power; Also exist according to the litigation claim of plaintiff and then carry on a reviewing to the behavior concerning both parties while taking up administration contract case, not only to administration organization one square behavior of reviewing. In offering as proof a responsibility allotment, in addition to the administration organization exercises the contract predominance right the administration organization should take to mainly offer as proof a responsibility, should apply who assertion, who offer as proof" principle under the general condition. Implement the contract contents of the non- law strong provision in the line dispute in the litigation can carry on intermediation. Don't stop contract to implement in principle in the litigation, but, if don't injure a public benefits, can also temporarily stop implementing contract. Can make use of the maintenance in the administration litigation and cancel, order to implement job's etc. to sentence a form for administration organization exercising the predominance right behavior and nonperformance behavior at the formality decided, still need to aim at administration contract in the meantime, the effect of the dispute really recognizes and breaks contract the processing of with responsibility to make a verdict for corresponding. Therefore solve administration contract the request of the dispute for the orientation, the litigation structure had to aim at administration contract a characteristics an establishment to be applicable to solve administration contract the double of the dispute toward sex structure exclusively in the system frame of the administration litigation of original one-way sex structure. The reflection sets up in the concrete system and the rule up be in the experienced government litigation specialized the provision solve administration contract dispute of special rule. The law which includes administration contract to be subjected to case scope, administration contract the plaintiff qualifications, administration contract of the litigation litigation applies, administration contract the litigation offers as proof a responsibility to undertake, the effect of administration contract and break contract responsibility, administration contract the litigation can apply intermediation, administration contract litigation verdict a form and it applies.