Administrative Contract Research

Administrative covenant refers to the agreement or the contract aims at administrative relations and reaches the meeting of minds of two parties. Administrative covenant should be considered as a kind of special administrative act for the sake of its purpose and the character of consent. To judge a contract is an administrative covenant or a civil contract, contract object should be taken as a standard, and at the same time, standard of purpose should be considered. Administrative covenant should abide strictly the administrative principles, under which the special function of administrative covenant is to be effected. If there is no prohibition in laws, administrative subject may decide to apply administrative covenant or not to realize his goal.Administrative covenant is an appropriate administrative pattern, when the agreement and support, special experience and ability of the party are required. Administrative covenant includes equivalent contract and unequivalent one. To protect public interests, administrative subject is offered such rights as on choosing the counterpart, supervision on the performance of administrative covenant, unilateral cancellation, sanction toward the counterpart's nonperformance or misfeasance, making and inspecting some items of the contract, decision on the contract object, veto to legal bids, interpretation of the contract, rescission in the case of modification of circumstances, enforcing the performance and so on.In case of the illegal employment of these rights, substantial law and procedural law should be applied to regulate the subject. The subject should have the capacity of contract, and has to get the official ratification. Administrative covenant should principally be in written form and be made by open challenging. Administrative covenant should be performed legally. When disagreement happens during its performance, it can be solved by mediation, administrative reconsidering, administrative proceedings and some other patterns.