The Privilege Of Administrative Contract Restrictions

"The administrative contract" means "administrative contract" in this paper. Japan, Germany, as well as China's Taiwan are adopted in the concept of administrative contract, At here I also have consistent consideration. Administrative contract theory in history, although has had quite a lot dispute, but in recent decades, the administrative contract in the practice of the fast developing a comparison. For example, in France, the government actively use administrative contract in world warâ…¡, economic development and resource development instead of administrative act which is issued unilaterally, to be one of the government's political strategy. In Germany, the government is for official demands, although the theory still has many different opinions, but to be in drafting baden-wuerttemberg' s code and administrative procedure law of administrative in administrative contract, still the top legislative norms. In Japan, the government has also been actively education affairs by contract way processing entrusted, administrative activities of the necessary things getting, means sanctions and property management, as well as the domestic enterprises and public facilities, etc. Administrative contract is widely used by modern society, because modern state government function changed. Modern society no longer required government function is to protect national security and independence, maintain social public order and ensure the country's finance income. The government of modern society function is required by the general public service to the society, creating public satisfactory economic life conditions, environment living conditions, medical old-age security system, and promote national enterprise core competitiveness. In order to reach these aims, the government will adopt different from previous and diversification of administrative measures, but the administrative contract unilaterally, than to dominate and obedience is the characteristic of executive order more downy, more elastic. Administrative contract maximum efficacy mainly in the following aspects: expanded political participation, realize the political democratization; Make up the insufficiency, instead of legislation to regulate; Actives have enterprise, improve the efficiency in the use of state-owned assets, and promote the value of state-owned assets, promoting economic reform; Offset public service insufficient competition, drive internal system construction, strengthen the administrative organization operation management, provide good public services; That dispute processing and legal remedy of simplification, clear. In our country, the practice of administrative contracts by far the leader in the development of the theory. In the beginning of reform and opening up, the household contract responsibility system in administrative contracts as instead of executive orders or the beginning of the mandatory plans. Thereafter, and contracted restructuring state-owned public security management of family planning and the "responsibility" and so on all of these is the embodiment of administrative contracts. With the opening and reform deeply, especially the gradually just passed the first decade of the 21st century, the Chinese government has gradually through strengthening macro regulation efforts by way of administrative contracts, capital investment, increasing inflation already solved property prices high, bentonite, manufacturing flagging do many difficulties.Although in recent years, Chinese scholars study in administrative contracts has made great progress. However, I did not build unified administrative contract legislation, basic theoretical framework of administrative contracts are not formed. Along with the administrative contract in the modern society of the breadth and frequency by gradually enhance, because the relative lag related theory research, make practice cannot receive positive healthy development, a lot of legislation and the actual problems aren't good solve. Therefore, stepping up in administrative contract and so on the new administrative means of theoretical research, it is very urgent. Based on this Reason, this paper tries to discuss how to through administrative subject to administrative contracts in the restricted, allowing the privilege of administrative contract both sides can in relatively fair environment more reasonable effective achieve administrative contract.