Analysis On The Value Of Administrative Contract

Administrative contract ,as a product of integration between the behavior of public law and the contract of private law,is a special form divorced from the private law and public law. Administrative contract has double characteristics: On the one hand, it is a new form of administrative action that the authority intervene the economic and social. On the other hand, it is with the spirit of the contract. In other words, the administrative contract is a method government use to strengthen the intervention in the economy, meanwhile it is a mean that citizens use the the spirit of the lease to restrict executive power.it is the result of combination of the power factor and the spirit of the contract. The power factor means that as a signatory party , the administrative organs do not exist in the usual civil rights and obligations relations who keeps its original status of the main power and exercise the administrative privileges in the contract relations. The spirit of the contract ,as civil contract spiritual essence, includes the equality of contract parties, autonomy, freedom of choice and the two parties desired and so on. The innovation of administrative contract lies in breakthrough the insurmountable limits of traditional theory , which close to the scope of the original confrontation. That both help each other and help promote the new value. The administrative contract's goal belongs to the public law jurisdiction area. Because of a blend of public and private law, or fringe, making the value of the administrative contract is not only a administrative significance, and the penetration of the value of the contract. This double value includes more expectation and need people have for the government and society, as the administrative contract based on the subjective. Once such an evaluation form, it will affect the whole system's construction. Therefore, it is necessary to analyze the value of the administrative contract.In this paper, the analysis on administrative contract's value mainly includes the following three parts: The first chapter mainly analyzes the connotation of administrative contract's value, and specifically divides into two parts that are the implication of administrative contract and the implication of administrative contract's value. In the former part, this paper's analysis based on two angles which are the concept of the administrative contract of western countries and the definition of the concept of the administrative contract in China. The second chapter is about the multiple considerations of administrative contract's value. In this paper, balance concept is the basis of the analysis of administrative contract's value; this systematic analysis includes three aspects: the balance of public interest and private interest, the balance of fair and efficiency, the balance of freedom and order. The third chapter is on the realization of the value of the administrative contract. The realization of administrative contract's value is not spontaneous, but also in need of a good legal system as an intermediary and platform. The present administrative contract system have various defects in the legislative norm, the allocation of rights and obligations, standardizing procedures, administrative privileges and other aspects, impeding the realization of administrative contract's contingent value. In this paper, the realistic obstacles of the realization of administrative contract's value, as well as the standard way to realize the value are conferred. Respectively carry on a standard conception in the legislative norm, procedure norm, civil law norm, the allocation of rights and obligations, applicable principles of administrative law and legal construction and other aspects, with a view to promoting the realization of administrative contract's value in ideal level in reality.