On The Improvement Of The Administrative Contract System

Administrative contract is a flexible adminstration means, which was originally applied in the economy and politic reformation after the Third Plenary Session of the Eleventh Central Committee of the Party. Meanwhile, it's widely used in many fields, such as: agriculture, industry, commercial and social services. During the practice of administrative contract, a series of problems came out: the serious unblance of rights and obligation between administrative body and its counterpart; administrative body's abuse of or abandon administration priority power; the unstandarized the conditions and procedures of the conlusion, fulfillment, modification and termination of the contract; the lack of a set solution way when dispution occurs; the flaw in the contract forms. All these problems are caused by the traditional idea of deartmentalism, lacking in the sense of law, the imcomplete trasition of the administrative system and the imperfect legal system. Therefore, we should improve the adminstrative contract system, which should be done in the improvement of present legal system. First of all, we should properly allocate the rights and obligations of the two involved sides in the contract. Also we should set rules to control the adminsistration priority power to improve the rights and obligations system. Secondly, we should set up a series legal systems such as: negotiation system, administrative hearing system, contract supervisor system and so on. Finally, we should improve the relief system. It can be done by improving administrative adjudication,arbitration, and reconsideration systems.