Research On Judicial Relief Of Administrative Contract

The administrative contracts outside there are more than100years of history. China since the Third Plenary Session of the Eleventh Central Committee of the Party, the field of application of its administration more and more widely. But there are serious differences between the legal nature of our administrative contract around the court handling the administrative contract disputes, remedies, legal norms applicable standard of review confusing different. Therefore, further study of the administrative nature of the contract, clearly its essential attribute of addressing judicial relief applicable procedures and rules, on this basis, to explore, it is particularly necessary.This article seeks to existing contract theory of administrative and judicial remedies status quo summarized research based on the theory of foreign and development status, discusses the administrative nature of the contract and the judicial relief to the specification and to fill judicial relief for the current administrative contract of vulnerability.This paper is divided into four chapters:The first chapter is the development status of the administrative contract. Main legislative requirements and current situation of our country and outside administrative contract.The second chapter is a reflection of the legal nature of administrative contracts. Chinese scholars point out its interpretation of the plight of the point of view of the legal nature of administrative contracts, and introduction of administrative private law theory, focuses on a kind of administrative contracts are administrative in private behavior, and then describes the legal nature of the administrative contract, that is, two The combination of legal behavior before and after: to make a decision whether to sign the administrative contract is the first phase, which is an administrative act, decided to make contractual relationship formed after the second stage, the stage is a civil legal acts.The third chapter is the status quo of the administrative contract judicial relief. Outside administrative contract status of judicial relief, discusses the the Government Contract judicial relief the problems, and pointed out its causes.Fourth is the Government Contract judicial relief system build. Recommendations on the current on Government Contract judicial relief brief assessment, pointing out its shortcomings. Stressing the existing judicial remedies rule basically resolves the issue of administrative contracts relief, that is caused by an act’of the first stage of the administrative contract dispute, should be included in the administrative proceedings that relief, the controversy triggered by an act of the second phase of the administrative contract, shall apply to civil action procedures. In addition, the civil action after the first administrative proceedings against two specific cases, made recommendations to establish administrative Incidental Civil Action.