On Relief System Construction Of Administrative Contract

Administrative contract, as a mean to achieve administrative goals of the administration, is widely used in China's economic and social management.The administrative contract is subject to administrative countpart through mutual consultation, meaning that the agreement and agree, administrative and contractual. The utilization of administrative contract dispute inevitably cause. At present, our country's administrative contract theory is not mature, the administrative contract law relief system is not complete. This situation is not only the administrative contract concluded, and the legitimate rights and interests of the administrative personnel, and restricts the remedy of the administrative contract, the credibility of the government also produce adverse effects. Constructing suitable for China's national conditions of administrative contract law relief system imperative. In this paper the administrative contract based on the basis of theory and practice, the administrative contract for mature national administrative contract law relief system and practice experience, constructing the system of administrative contract law relief.This paper is divided into four parts, the administrative contract law relief system research. The first part of this contract and the administrative contract law of administrative remedy system of basic theory. In this part of the administrative contract mainly introduces the definition, characteristics, the administrative contract law of administrative contracts and legal remedy of administrative contracts. The second part of a foreign country administrative contract theory mainly mature legal relief system of administrative contracts. In this section, mainly for France, Germany, Britain, the United States four countries with the specific administrative contract law relief system were compared. The third part discusses the administrative contract law relief system present situation and the existing problems. In this part of the administrative contract, mainly from the theoretical research, legislation and judicial practice, the administrative contract Angle to our country legal remedy is analyzed. The fourth part of administrative contract law is proposed in the relief system. In this part of China to build in private law of administrative contract mixing method, the relief system, analyses the feasibility of administrative contract law, puts forward the principle, and relief from the administrative contract law relief for the rule of law and legal aid and maintaining legal relief program control of administrative contract law Angle of relief system construction are proposed.