The Public Law Nature Of Administrative Contracts

The administrative contract is, with the administrative main body as the litigant, a kind of contract that has, changes or eliminates the administrative legal relationship. Therefore, being different from the common civil contract, it on the one hand maintains the traditional contract spirit, and on the other hand reflects a special legal act in which the administrative main body applies its administrative authority to others' rights and interests, i.e., a special legal situation of the administrative authority's being adjusted by contract rules. Thus, it allows that the administrative contract system possess the characteristics of both the public law rules and the civil law rules and show all the time the combined features of the public law and the civil law, which is different from the civil contract as well as the simple administrative action. In addition, from the angle of the social basis on which the administrative contract comes into being, the administrative contract is a kind of administrative method that is relatively soft and easily accepted by the counter part that the nation applies for the sake of the public interest. It mainly adjusts the relations in the field of the public law. Therefore, administrative contract essentially belongs to the public law.the feature of the public law in the administrative contract is mainly reflected on the certain priorities that the administrative main body has when concluding and fulfilling an administrative contract, as well as on some rules and regulations from the administrative law. Moreover, the relief way of the administrative contract is to a great degree that of the administrative law. Thus, the precondition of the priorities of the administrative main body in the administrative contract is to regard the administrative main body as the protector and representative of the public interest. But it is somewhat doubtful if the administrative main body is considered as the best protector or representative of the public interest. Therefore, the priorities the administrative main body enjoys in the administrative contract for the sake of the public interest must have a basic bound. This kind of bound also constitutes that of the administrative contract public law, which includes the interior bound as well as the exterior one.