Administrative Contract Litigation

Administrative contract is a kind of administrative management and an administrative act, which combines administrative and civil characteristics, is the interpenetration of public and private law, and the product of the game of checks and balances. From the evolution of government functions to the expansion of the effect of the contract, public administration complete its task by means of private law-contracts, which is of historical inevitability. Removing the veil of dignity, for the flexible means, which is the rigid of administrative contract than the previous administrative action unique, but also its vitality lies.This paper analyzes the characteristics of the administrative contract before analyzing how to solve with the administrative contract dispute. During the proceedings, what rules should be applied to administrative contracts, what is the difference between administrative contracts and general administrative litigation, and how to build specific mechanisms of the administrative contract to resolve administrative litigation contract dispute. We can be with the need for a system of administrative contracts legislation so that combine theory and practice and solute the administrative contract disputes with scientific and reasonable means.The first chapter briefly analyzes the characteristics and the current situation and existing problems of administrative contract dispute in the proceedings, because of the administrative and the agreement of administrative contract, which made it different from the traditional administrative action in its stage of the proceedings. Administrative contract should not simply take civil action, but take Administrative litigation in respect of the desired characteristics of the administrative contract basis, following the general principles of administrative litigation. ChapterⅡto Chapter IV describes the specific rules and mechanisms of the administrative contract. The second chapter discusses the object of administrative contracts and legal basis. The object is not only a review of the legality and rationality of the administrative contract, especially a contractual review of administrative contract. The legal basis for administrative contract review is diversified, not only including public law, but also some of the principles and system of private law. The third chapter describes the burden of administrative contract lawsuit, the principle of "burden of proof" and "who advocates, who proof". The fourth chapter discusses the mediation litigation of administrative contract. In the existing system of administrative litigation, in addition to mediation can be applied to executive compensation, the mediation do not applied to general administrative contract proceedings, In the basis of analyzing the desirability of administrative contracts, this paper introduce the mediation system, respectively, we explain it from the feasibility of mediation system and the specific building.