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On The Improvement Of The Administration Contract Privilege Of China

Posted on:2014-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:L S JiangFull Text:PDF
GTID:2256330401964415Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the rapid development of democratization and the rule of law in our societyas well as the growth of the market economy, the role of the government has transferredfrom the traditional mandating to the administrative supply and service-orientationwhich receives lots of applauds. The traditional administrative goals that can berepresented by government interest priority and mandatory administration has beenreplaced by non-mandatory administration gradually. For space consideration, this papermainly talks about the administrative contract privilege which serves as the core ofadministrative contract. In order to improve our administrative contract privilege systemand increase the efficiency of the administrative contract in the process ofadministration and governance, this paper puts forward some suggestions that may helpto build the system of administrative contract privilege from the basic theory of theadministrative contract privilege, analyses of the necessity and feasibility in systembuilding, merits of the extra-territorial administrative contract privilege system in thisperspective so as to start a discussion and improve China’s administrative contractprivilege system step by step.The Introduction gives a brief explanation of this topic from perspectives of thesisproposition, status quo, theoretical and practical significance as well as some researchmethods of its application.Chapter Two gives a brief introduction of some basic theory of administrativecontract together with its privilege, including their definitions and analyses of the basiccharacters of administrative contract. This chapter also covers the necessary factors forthe building this system, including the subject, the main content, the condition and theprocess of the privilege as well as the privilege dispute relief.Chapter Three discusses the necessity and feasibility of the construction of theadministrative contract privilege system in China and analyzes the status quo of theadministrative contract privilege in current laws and regulations. Generally speaking,our legislation for administrative contract privilege as well as its rule is still at a lowlevel and the legislation of the administrative contract privilege is rather scattered and trivial and insufficient in content integrity. In order to standardize administrativecontract privilege exercise in a better and faster way, the author believes that it is anecessity to combine former studies in this aspect with the improvement of our judicialorganizations so as to promote the administrative contract privilege system in China.Chapter Four is based on the application and rule of the administrative contractwith its privilege in the legal system of UK and US and civil laws in Germany andFrance respectively so as to draw merits from them and draw a conclusion of theirimpact on us from the aspect of administrative contract. The author advocates buildingour system of administrative contract privilege in accordance with our national situationand advanced experience.Chapter Five is the core of this paper. It mainly discusses some assumptions on thebuilding of administrative contract privilege system, including the choice of the basiclegislative principle and mode, the content of the privilege system building, the processof privilege exercising and the relief of privilege dispute.
Keywords/Search Tags:administrative privilege, the status quo of law, the interest of the common, the building of system
PDF Full Text Request
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