On The Legal Regulation Of Administrative Contracts

As a new type of administrative management means, the administrative contract aims to perform an administrative management through consultation for convenience of acceptance of the relative administrative people and decrease of conflicts during the course of administrative management, achieving the purpose of administrative management. Therefore, administrative contracts play a more and more important role in emphasizing service administration and flexibility administration. However, there exists certain controversy on the understanding of administrative contracts, which is not beneficial to the solution of relevant questions in judicial work. This thesis begins with a basic research on administrative contracts, defining the concept and nature of administrative contracts and analyzing the kinds and application range of administrative contracts in our country. Then the thesis summarizes relevant research on administrative contracts abroad because related research on practice and theories at home develop a little slowly. Finally, combined with the facts in our country and based on analyzing the questions involved in the current system of administrative contracts, concrete suggestions are put forward from four aspects, which are value orientation, legislative patterns, basic principles to be observed and controversy solution and right relief.