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Government Contract System

Posted on:2005-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:L B CaiFull Text:PDF
GTID:2206360155461391Subject:Law
Abstract/Summary:PDF Full Text Request
As a new mode of administration, administrative contract is becoming increasingly popular and broadly put into practice. However, administrative contract is inconsistent with the conventional theory of administration conduct, legitimate administration principle, etc., it brings about many issues, theoretically and practically. This paper mainly discusses the rules of administrative contract and its judicial remedy in the aspects of the meaning of administrative contract, the mutual allocation of obligation and right, and its law feature. Introduction and development of administrative contract. Meanings of administrative contract; In China, administrative contract is not a word based on law, so we can only define it in accordance with law theory. We define it as follows: administrative contract is an administrative mode (permitted by law) between administrative main bodies or between administrative main body and relative person and this administrative law relation happens, modifies or terminates through acceptability. Compared with the adminstrative conduct, administrative contract features in mutuality and acceptability. the mutual allocation of obligation and right; and its feature. Rules and control of administrative contract The main restriction of administrative contract is administrative proceeding control. It includes negotiation system, hearing system, explanation system, absence system, information acquirement system, written signing system, etc. Judicial remedy of administrative contract When remedying the administrative contract, the most popular way is to solve the dispute through administrative lawsuit.
Keywords/Search Tags:administrative contract, Rules and control, administrative lawsuit
PDF Full Text Request
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