Administrative Contract Research

Because the contract relation between the administrative organ, and between administrative organ and its subordinate organization or public officials should receive the adjustment by the modern administrative law, then it is proper to call them the government contract. But because the question to the right of the government contract aims at the contract between the administrative subject and the private party in the administrative process, also the utilization of this kind of contract has many problems in reality, therefore culture construction and the system construction to the government contract of this article mainly aims at this kind of contract. The right of the government contract, from the cultural stratification, lies in its being a kind of new system form, having the advanced cultural connotation, since taking autonomy and equality as the characteristic of the contract spirit is the impact and permeate to the traditional strong administrative power, also is reformation and transformation that the modern administration idea is to the traditional administrative pattern with the aid of the reasonable form of contract. From the legal stratification, administration by law principle's mobility in the modern administrative law, the existence of the power that the administration decides after deliberation freely, providing the pleasing space for the administrative subject and the private party in the administrative process, and the inequality of their position can't become the reason that administration contract is not existent.On the construction of the government contract system, in order to guarantee the realization of the particular administration purpose that the government contract anticipates, must entrust with the administrative organ leadership right, including: ①the authority that the administrative subject can instruct and the supervise the government contract's implement; ② the authority that the administrative subject can explain government contract; ③the authority that the administrative subject can change, terminate the government contract; ④the authority that the administrative subject can impose administrative sanction measure on the private party in the administrative process who break contract seriously. Simultaneously we should entrust with the private party in the administrative process its surveillance right and the right to obtain the compensation or compensates when they are subjected to injure.