On The Improvement Of The Administrative Contract System In China

Due to the accelerated democratic and legal procession, the transformation of governmental function, and the established idea of welfare administration and service administration, the traditional administrative object and administrative methods are changing. Along with this procession, the force of administration is weakened. The administration increasingly reflects democracy and consultation, and also it reflects the humanitarian administrative spirit that the administrative subject and administrative object begin to cooperate, trust each other and communicate. As a result, it is more and more important for us to advocate the two parties to consult and communicate. The administrative contract theory of China has deficiency on theory, legislation, jurisdiction and practice. The cause to that deficiency is that we have not established the system of administrative contract theory, and the research on the basic theory is insufficient. And this article will be divided into three parts to discuss the way to improve the administrative contract theory.The first part mainly presents a general understanding of administrative theory, starting with the definition of administrative contract theory, including the definition, feature, characters and the function of administrative contract theory.The second part first introduces the development and current situation of China's administrative contract theory, then discusses the varied administrative contract theory of both Anglo-American Legal System and Continental Legal System, such as England, America, France and German. By doing so, the author tries to find the problems with China's administrative contract theory, and learn and use the advantage of such countries' experience to improve China's administrative contract theory.The third part focuses the methods to improve China's administrative contract theory. The author believes we could achieve that from the following aspects: 1), law must clearly provide the definition of administrative contract theory, and enables it to be a legal term, helping to make unilateral administrative law; 2), law must establish the basic principles of administrative contract theory, mainly including competing principle, legality principle, the priority of public welfare principle, agreement principle and confidence principle; 3), we must improve the conclusion, performance, modification and dismiss of administrative contract, establish free communication procedure and the limitation of administrative arbitration, and improve the procedure and control system; 4), we must improve the remedy of administrative disputes, such as consultation, arbitration and reconsideration, and administrative action.