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Construction Of Administrative Contract Relief System

Posted on:2012-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:S N NieFull Text:PDF
GTID:2216330338964864Subject:Law
Abstract/Summary:PDF Full Text Request
As a new kind of administration, administrative contract ,coming into being in 19th centruy ,plays a critical role in the administration of the government. After years of adjustments, the administrative contract works well in daily life, especially in West. But the backwards of the system appears sometimes in our country because we have not established the perfect system-the construction of contract relief system. So we have to rebuild the relief system on the basis of learning the advanced experience of other nations and analyzing situations in our country.The text can be divided in to five parts to analyze the relief system of the administrative contract system . It centres around the features of the administrative contract, via the research of its practice, to put forward the suitable advices. First, it introduces the rise of the administrative contract and emphasizes the characteristics for the following advices. In the second part, it elaborates the theoretical foundation for the relief system. In this part ,it mainly compares three theories ,centers around the nature of the administrative contract and stresses the last theroy, consists of the restrict and prompt systems. Then the third part sets forth the present situation of the relief system in our country,analyzes the problems it exsits, including the deficiency of legislation and structural maladjustments.Then the following part reveals the advanced experience and all-around systems in The West.Compared with our country, they use more methods to solve the problems of the administrative contract. In this way, the administrative contract becomes the popular measure for the government. Fifthly, considering to the realization of western systems and our situation, it brings forward the advices to perfect the relief system, from the Administrative Reconsideration,the Administrative Litigation to Mediation and Administrative Arbitration System. All of them are involved in.When it comes to the innovations, this text bases on the features of the administrative contract. First,it classify the problems caused by the administrative contract according to whether there is the power.Then,on the basis of the theory of balance and consultative characteristic,it emphasizes the change of relief system model to satisfy the demands of the development of the relief system.
Keywords/Search Tags:Administrative, Consultative, Relief System, Bidirectional
PDF Full Text Request
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