On The Legal Research Of The China Local Town's Administrative Contract In Contracting-out System

With the development of market economy, the administrative authority has not completely meet the economic and social needs, by rely solely on the unilateral executive management model .And because of the coexistence elements of multiple economic elements, various economic interests ,and other complex factors,such as political, economic, social and cultural factors, the administrative means and forms have taken place a lot. Since the year of 2003, the Hubei provincial party committee and government, have taken use of the Contracting-out system from western countries to promote the reform in Hubei villages and towns grass-roots institutions , through a series of reform measures ,the government is not only cut down the administrative system, but also improve the administrative efficiency, and enhance the level of publical supplyment. As the lack of standardized and systematic research in the legal measurse, and because the administrative contract rule has not yet become a legal system in our country, we do not have a specific laws and regulations on regulating the rights and obligations of the parties .Therefore, these reasons led to the problem of the absence of legal control in concept of defining it, the effectiveness of the form, signment of contracts, contract performance, contract relief, and contract supervision, and to some extent affected the legal system. For the above reasons, this article will take legal research in Hubei Province's local Contracting-out the legal system .In addition to Introduction, the text is divided into four parts. The first part is the basic theory in the system of the government's Contracting-out ,through the definition of the concept and analysis in legal nature , the author will define Hubei Province reform into the theory of administrative contract, and furtherly affirmed the legal system's positive significance. The second part is the introduction of the western countries's Contracting-out theory and pratice, through the introdution, we want to bring in a useful reference for China. The third part concern the basic contract theory of the form of content, the signment of contract, contract performance, contract relief, and other aspects of research. The fourth part in accordance with the administrative contract theory to solve these legal issues.