Study On The Judicial Relief In The Administrative Contract

The policy of reform and opening up has brought the rapid development of market economy, which requires the functions of the government should be transformed. It is such a social background that determined the existence of administrative contracts in China. The development of administrative contracts in China is very rapid. Since the reform and opening up, administrative contracts has been playing its unique role in many fields. Administrative contracts originated in countries of continental legal system and they have been formed perfectly both in theory and in practice in these countries, while it still has a long way to go in China. Because of the contradiction of theory and practice, the judicial remedy of administrative contracts has become an obstacle to the development of administrative contracts. To establish a perfect judicial remedy of administrative contracts has become a pressing matter of the moment.This paper begins with the development history of administrative contracts from ancient times to the present, from domestic to foreign countries, then analyses the causes and foundations of administrative contracts, as well as their development conditions, and on such basis, researches the concept of administrative contracts and some related content. Through combining the comparison of administrative contract systems of China and foreign countries and the analysis of the practice of China’s administrative contract lawsuit case to explore a relief system which suits China’s national conditions of the administrative contracts. Administrative contracts in China are highly localized, and they are quite different from the ones in the western developed countries, not only in their concept but also in their nature. Copying the western advanced system can only lead to deviation from the development track of administrative contracts in China. Administrative contracts in western developed countries has a history of more than half a century, today it has already been a perfect system in both theory and practice. Drawing lessons from the advanced system in the developed countries is an inevitable choice for the development of the administrative contract system in China. The administrative contract in China is an academic concept, and it has no legal regulations. In the countries of continental legal system, it is not illegal that a law has no legal regulation, leading to confusion in practice. From the administrative contract dispute relief, from consultation to mediation, from arbitration to the administrative reconsideration, all kinds of ways of remedies make the administrative contract relief very chaotic. In addition, the administrative contract dispute is incorporated into the civil lawsuit makes the phenomenon of "public law into private law" more and more serious, causing the law in China chaos. This makes the administrative contract system a contradiction; therefore, how to reflect the contradiction becomes a pressing matter of the moment.