Study Of The Legal System Of Administrative Contract Relief

The administrative contract has reflected the agreement of the spirit of democracy in modern administrative law as a kind of management of the government. In the traditional system of administrative law, it emphasis on the administrative actions, the theory of administrative contracts is neglected, and only administrative acts to be discussed in the attached.For example, the famous German scholar of administrative law otter·Maya believed that the state and the people are not on an equal footing , therefore, administrative contracts in public law can not exist. This is the concept of order in the country and that is issue an injunction order to the people in order to protect the social order. However, with the development of society, welfare state, pay the executive, administrative state appear as the new concepts, the traditional order of mandatory administrative acts have been unable to successfully achieve the purpose of administration, countries have launched a new legal form of other explorations , administrative contracts is an important way. Legal relations in the administrative contract, the Government does not adopt the powers of the order form, but in consultation with the people, with the consent of the people's consent to the parties to determine the form of a desired legal relationship.In civil law countries, the history of administrative contract has been a long time, but there is only two to three decades in our time. China's administrative contract system is mainly to appear a market economy and administrative reform process, particularly the changing of a planned economy to a market economy and the functions of management. It has prompted the Government to change the way of management. Administrative contract widely used in the field of administration.In view of the administrative contract pays an important position in the modern country, it is conceivable that the administrative contract will also become increasingly important. However, our country does not have a unified administrative contract, the administrative contract only scattered other administrative law or civil provisions. There is no systematic theoretical system. The standards of distinguish between civil contract and administrative contract lack and a number of administrative contracts proceed in practice rules of civil. It does not consider the right of administrative priority benefit. There is a lot of controversial in practice. It have restricted the establishment of administrative contracts and development.In Western countries, the administrative contracts relief system is more perfect. Other countries all use consultation, arbitration, administrative reconsideration and administrative litigation to administrative contract disputes relief. States system of administrative relief in common is as follows: based on national conditions, using a variety of disputes relief mechanisms in order to adapt to different types of needs of the administrative contract disputes. If necessary, to take "the principle of exhaustion of administrative remedies" to achieve internal self - error-correcting and self-monitoring, and "the ultimate principle of justice" will be to resolve disputes as the last line of defense in order to protect the administrative contract the rights and interests of both parties. Therefore, based on China's administrative relief system contracts reality, drawing on western country relief system maturity to the administration of our contract to improve the relief system is the focus of this article.This article mainly divides into three parts.The first part of the system is the outlined administrative remedies. Research on the legal system administrative contract relief, we must first understand that what is meant by administrative contract. This paper first introduces the concept of administrative contracts and characteristics, and then is about the definition of administrative contracts and means of the relief. The final analysis is the administrative contract status and relief problems.The second part of the paper is the two legal administrative relief comparing analysis of the contract. Relief through extra judicial ways and judicial relief, though the civil law and common law relief system of administrative contract for comparison, we can analyze its characteristics and merits a place in our country.The third part is the key to this article. In this paper, from the point of the view to improve the relief system of China's administrative, the author points out that the contract in the administrative process need to be followed the Reasons system, the Hearing system, the Avoiding system and the Opening system. Then to addition the Agreement, Arbitration, Judicial and administrative review .Finally, this article describes the administrative contract principles to be followed, The mediation principle ,the original defendant burden the proof principle, and reviewing of reasonable and legality. At last ,the author improves the scope and standard of the administrative litigation, the main qualifications of the plaintiff, review of rules, the form of judgments and compensation.