On Legal Regulation Of Administrative Contract

The administrative contract is result of the modern administrative law development. It promotes the administrative democratization and rationalization. It is fusion of the contract and the administrative. The administrative contract is containing the legal relationship which adjusts by the administrative law. The administrative contract and the civil contract are different. The administrative contract forms between the administrative organ and the relative person which position are not coordinated. It is intervenient shape between the administrative action and the civil contract.The administrative contract has the administrative attribute, and has the civil law behavior attribute as well as. According to administrative attribute, It should be executed by the administration law. But The administrative contract is not one-sided will. According to the civil law behavior attribute, It has the freedom of contract. But random of administrative power must be restricted.The administrative contract operation and the dispute must depend upon the court strength to carry out. Since the administrative organ ability of solution dispute is limited.The administrative contract is not only the administrative action, but also the administrative contract. The administrative law establishment foundation is the public interest, but the civil law foundation is the personal interest. The question whether is the civil law principle suitable deal with relationship between the public law and the civil law. The administrative contract is the result from citing contract idea of the civil law to the public law. In the aspect of adjustment specific social relations, they are similar.Administrative contract itself is complex, as it produces in law edge overlapping place between the public law and civil. It is not good idea utterly to putting civil law and administrative law together simply.It is necessary that the legal rules are formed respectively by the factors in the process of administrative contract dispute and by the civil law principle. Simultaneity, the special rules and regulations which can solves the problem effectively must be established.