Study On Administrative Contract And Lawsuit System

Administrative contract show the spirit of democratization of administration, which is the combination of contract spirit and modern administration idea, and it is valuable for administrative bodies to accomplish the administrative aims efficiently and to realize the balance of the private and public interest. The administrative contract took the administration one method, has been widely applied in the various countries'practice. because in the diffferent national ,the national condition and the legal culture tradition are different, so are the administrative contract'definition and recognition standard. Therefore, various countries' administration contract's legislation, the fundamental research achievement's introduction is significant for our country administration contract system's establishment. In This article, the author limits suited our country national condition of the administrative contract concept by learning from Western country especially Germany, French and Portugal's related experience,and summarized its recognition standard. furthermore ,the author takes the special administrative contract type as the example, carrying on the concrete analysis. Finally, in view of the administrative contract lawsuit relief system's present situation, I propose that restructures our country administrative proceedings system's suggestion and the measure.