Analysis Of The Administrative Contract Forlawsuit

Administrative contract is a modern administrative law comparison model and animportant means of administrative management. It introduced the citizen toparticipate in the national administrative new way. The administrative contract, theordinary citizens to participate in society in the process of economic construction, notonly the burden of obligation, but also enjoy certain rights. With the wide use ofadministrative contract, administrative organs are no longer individuals on the basis ofunilateral administrative arrangements, but through negotiation mode request andobligations. It is not only convenient for citizens to understand and accept, reductionand among the administrative organs because interest and objective differences andcontradictions, but also can improve the citizen in economic construction actively,promote social development, the creation of a harmonious society.Administrative contract in brings convenience to the society and progress at thesame time, also led to a corresponding disputes arise. The resulting dispute what is thenature of the dispute, how to produce disputes relief, how to protect the publicinterest which is represented by the administrative organs and the administrativerelative person’s legitimate rights and interests, which is the first problem to be solved.Administrative contract relief to justice, completely solve the administrative contractdispute. Administrative contract is a contract of property act, but it is a kind ofadministrative behavior, with the general law of contract are different, so theadministrative contract disputes judicial processing can not be fully applicable to civilprocedure rules; at the same time, the administrative contract behavior and generalspecific administrative behaviors also exist difference, the people’s courtadministration contract cases are not completely applicable rules of administrativelitigation law. Therefore, the people’s court to properly handle the administrativecontract case, reasonably solve the administrative contract lawsuit, is a both in theoryand in practice the problem that deserves research.Except the preface and conclusion, there are four parts in this paper: the first part:summary of the administrative contract. This part mainly cited the current theoriesabout administrative contract concept understanding and view, and based on this, theauthor puts forward personal comments and views. Part second: overview ofadministrative contract lawsuit. This is a major part of the administrative contractlawsuit concept are introduced, and expounded China’s current administrative contract lawsuit system in the existing problems and their causes. The third part is theadministrative contract lawsuit system comparative study. In this part the continentallaw system and Anglo-American law system countries administrative contract lawsuitsystem, at the same time that beneficial to our country enlightenment are introduced.The fourth part is the construction of China s administrative contract lawsuit rules,respectively, from the type, structure and modes of action, review principle type, theallocation of the burden of proof, application of law of type of type, the type ofdecision on several aspects such as the perfection of the system of administrativecontract lawsuit was put forward personal suggestions and perspectives.