On The Legal Status Of Administrative Contract

This article deals with the legal orientation and other related questions about the administrative contract. It compares different countries' conditions of theories and practices and combines with China's objective reality, in order to find out the reasonable position of the administrative contract in Chinese legal system, and try to probe into the legislative model of the administrative contract. And it integrates the conditions of the administrative contract in the field of land law, and tries to analyze the current state and developing ways of the administrative contract in China.The former three parts of this article inquire into the necessity and rationality of the administrative contract, and point out that, in the field of wide range and diversity of the modern and democratic administration, an administrative subject can enter into an administrative contract with the private party or any other administrative subject through consultation and negotiation. Compared with the civil contract and the traditional administrative act, the administrative contract is of its own characteristics of the subject, the object and the relation of rights and obligations. Based on the above, this article analyzes the legal position of the administrative contract.There are some differences of the histories and present situations among different countries, so the legal positions and legislative models of the administrative contract in the civil law countries are different from those in the common law countries. But these differences can't stop the wide using, the legal position's consolidating and the application ways' developing of the administrative contract in the different legal systems and in the different countries. Based on China's national conditions, we should learn from the theoretical models of civil law countries and select some practical ways in common law countries on the legal position, the legislative model and its contents of the administrative contract. Then the theoretical system and legislative model of the administrative contract can be built up, to conform to the Chinese constitutionalism, the distinguishing features of Chinese legal system and practical situations in China, and help get rid of theage-old malpractices and persistent ailments in our country's legal system.The last part of this article is not only because of my personal interests in the administrative law in the field of land law, but also because of the philosophy of the administrative law exposing that, if the branches of the administrative law can't make a breakthrough and development, the basic theories of the administrative law can't have the solid foundation and the administrative jurisprudence can't guide the concrete practice in China more comprehensively and more directly. So this part analyzes the history, the present state of the administrative contract and its reasons, in order to induce the problems of the administrative contract in the exiting land law and put forward the proposals of the perfection, then tries to analyze the related questions by integration of the basic theories of the administrative law and the branches of the administrative law, and evoke more and more scholars' and learners' deep and systematic thoughts and discussions on the branches of the administrative law.