On Contract Introduces The Idea Of ​​the Inevitability Of Administrative Law

There is an age-old tradition of contract in the western society, which embodies not only the spirit of democracy, equality, freedom, nomocracy and justice, but also the contractual thought of service, participation, communication and cooperation. It is always absent of the idea of contract in China. In Chinese administrative laws, the power standard conception always acts as a leading character. Along with the development of modern administration and the advance of value preference of administrative laws, the simple power standard conceptions is more and more inapplicable. In order to accommodate to the modern society's value preference and spiritual pursuit, and satisfy the inherent demand of modern public administration, we should introduce the contractual ideas into administrative laws while emphasizing the original power conceptions, so that we can realize a combination of power standard conceptions and contractual ideas. This thesis utilizes the methods of historical and realistic analysis, and aims to discuss the inevitability of importing the contractual ideas into administrative laws.The present thesis consists of seven chapters:Chapter one makes a brief inspection on historical development of contractual ideas, seeks the historical headstream of the western contract tradition, and generalizes the great spirit of contractual ideas.Chapter two describes the limitation of power standard conceptions in classical administrative laws, in contrary to the modern contractual ideas.Chapter three analyzes the practical obstruction in introducing the contractual ideas into administrative laws. We discuss this problem from three aspects: the absence of contractual culture in Chinese tradition, thedifference understanding in research society, and the coexistence of presence in practice and disregard in research society.Chapter four macroscopically analyzes the conditions in introducing the contractual ideas into administrative laws in a deep-seated level. The historical discussion focuses on the foundation of economical basis, the establishment of democracy, and the present construction of advanced ideology and culture.Chapter five emphasizes the inevitability of importing the contractual ideas into administrative laws. The analysis is done based on five aspects: the pursuit for modern administration, the demand for modern administrative laws, the world wide fashion, the synthesis ability of contractual ideas under the requirement of harmonious society, the advancing direction of administrative laws pushed by the join of public and private laws.Chapter six discusses the spirits of democracy, equality, nomocracy and justice embodied in the combination of power standard conceptions and contractual ideas.Chapter seven dissertates the meaning of importing the contractual ideas into administrative laws from the aspects of axiology and organon.