On The Legal Remedies Of Administration Contract In China

Administrative contact is a result of the development of commodity economy and democratic movements. It can make the administrative body do better in performing its administrative functions and ensure the achievements of administrative goals, and it also increase the enthusiasm and creativity of the relevant person, so that it can take part in activities of public welfare and guarantee its legal rights and interests effectively.Therefore, administrative contract in administration has been universal utilized,which causes the administrative contract dispute also at the same time massively to appear. It also request establishing corresponding relief mechanism, the administrative contract rule, the solution administration contract dispute, in order to protect the public welfare and the contract relative person's legitimate rights and interests. The research of administrative contract relief mechanism can also development the system of the administrative contract has the important theory value and the practice value in our country. This article attempts through to profit from the western nation the advanced procedure and the beneficial viewpoint, and make own suggestions for the administrative contract relief mechanism in our country. The article is divided four parts:Part I is the summary of administration contract and their remedies part, the definition being to have shown clearly the administration contract mainly , the difference between have expounded and civil, the two aspect kind to administration contract has done necessary differentiation then from theory and practice , priority several kind of the remedies having discussed the administration contract has relieved and then way.Part II is relieved to main west developed country administration contract has done the place summing up the characteristic and our country analysing , pointing out three to relieve a pattern greatly being that the common law relieves a pattern , the public law relieves a pattern and commixture public and personal relieves a pattern being able to draw lessons. By the brief analysis to several country administration contract legislation general situations and concrete problems,have summed up every country administration contract relieving the pattern characteristic , have aimed at explaining that the contract relieves a pattern should build the administration according with our national condition.Part III has discussed our country administration contract the current situation relieving system's and their cause , has shown clearly since theory knows upper deviation , upper chaos of legislation and chaos in practice, have brought about our country being restricted at present to administration contract administration relieving weight , light judiciary, by case range , have been short of awkward current situation such as procedure guarantee and judge basis. But in fulfilling process in administration contract concluding, confound sometimes with civil contract, have no way to give administration a contract with relief clear and definite.The fourth part provide reliefs two aspects from the administrative relief and the judicature to come to our country administration contract relief system to conduct the research and the design. To the administrative relief's three ways is the administrative ruling, the administrative arbitration and the administration reconsiders, on the one hand has made the affirmative appraisal, simultaneously had also pointed out is respectively insufficient and must consummate the place. To the judicial relief way's consummation, is mainly from is clear about the administrative contract lawsuit the scope, the right to sue and the onus probandi shares, the mediation system's reasonable introduction, the trial basis and the referee form diversification and the establishment reasonably wants the type contract five aspects to launch the elaboration, is clear about the judicial relief way importantly for the administrative contract relief moreover is the final way finally.