Administrative Contract Procedures For Regulatory And Legal Relief

With the development of social economy and democracy, country's function and its way of fulfilling these functions have changed a lot. The days of managing country with simple administrative orders can't adapt to the requiremnts of modern democracy system. Since the middle of last century administrative contract has been widely applied in the field of economic development, resources utilization, scientific research and educational development, etc. Administrative contract has become an important way of managing economy in western countries. Western countries have developed relatively sound theoretical and systematic system on administrative contract.In recent years, in the transition from planed economy to market economy, academic circle and governmental officials have realized that a contract different from average civil contract is needed to meet the new requirements of governmental function in market economy. For the moment, research and system construction on administrative contract is still in its infant, and legal circle haven't reached common grounds on administrative contract; the prevalent legal system lack the relevant regulation on administrative contract. In this case, administrative power with innate invasive nature is apt to cause harm to the concerned parties in administrative contract. In light of this, the establishment of standard procedures and relief system, based on the clarification of administrative contract's legal status, is significant to the perfection of theoretical system on administrative contract and administrative contract's advantages and positive effects.Administrative contract as a kind of new contract has aroused much dispute in China. Scholars have disagreements on its legal positioning, and some of them even doubt the rationality and necessity of administrative contract; On the legislating practice of administrative contract, administrative contract still hasn't become formal legal terminology. As a result of the laggard development of administrative contract, weak theoretical research and vacant legislation experience, legal procedurally regulation is absent in concluding, honoring and managing of a administrative contract; When dissention occurs, necessary guarantee and relief is absent in administrative contract regarding human rights because of problematic relief approaches. This paper, using research methods like comparison, exemplary practices and so on, intends to start from basic theory on administrative contract and draw from western countries' theory and system on administrative contract, and then carry on to probe into the rules of the development of administrative contract. Envision on standard procedure and relief system safeguarding concerned parties' rights in administrative contract is proposed based on the above-mentioned research.This paper starts its research from the following three aspects:First: with the legal definition of administrative contract as starting point, this paper, analyzing from the perspective of the meaning, features and nature of administrative contract, consolidating the conceptual system conforming to the features of administrative contract. Aiming at the trait of prior rights of administrative contract, it introduces safeguarding and relief of concerned parties' rights in administrative contract during the application of administrative contract.Second: this part, analyzing from the perspective of procedural standardization and right controlling, talks about the necessity of administrative contract privilege control, comparative analysis of model on contract privilege control at home and aboard and model designing of procedural standardization on administrative contract in China.Third: this part, carrying out a comparative argumentation on administrative contract parties at home and aboard, expounds the systematic value of relief system on administrative contract party and proposes the framework on the establishment of administrative contract relief system.