Nature Of Administrative Contract And Relief System Envisaged

Administrative contract in our country did not start there, even now, the existence anddevelopment along with some controversy. Some people think that it should beregarded as areas of civil law, so its research in the field of private law return home;little scholars focus on the word "administrative" position in the administration ofpublic law. Whatever understanding seems to be the understanding of theadministrative contract are too biased, and the emergence of democracy thought thenew government in the spread of the land of China, as well as national security,welfare and social management tools with the changes in the political, administrativecontract gradually entered the field of view of the people and plays an increasinglyimportant role. Welfare States social security model based on the UK, found primarilyin the Nordic countries, the most representative national Sweden. Poor behavior bythe charity to today’s government action to protect the content has becomeincreasingly rich, government intervention in scale from small to big, and graduallyfrom regional to central. The administrative contract Application in China for a longperiod of time, mushroomed situation. State-owned Land Use Rights Grant Contractby the relevant administrative organs as the Employer agreed with the contractor orthe rights and obligations of the contract for the operation of state-owned industrialenterprises of the contract; expropriation compensation contract of the executiveauthorities to achieve the public interest, the collection of administrative relativeperson’s property and compensation counterpart signed contract. National researchcontract, the state ordered the contract, public construction contracts, family planningcontract. Rural land contract in China’s earliest administrative contract, so do not havea set of specialized or specific legal provisions made by the nature of the AustrianRelief ways to improve only in the specific issues encountered by local laws andregulations and government regulations to make adjustments. Administrativecontracts has become increasingly common to make more and more scholars trying to find a reasonable entry point to explain the administrative contract, improve the legalrole in the guidelines, predict, and in the event of a dispute more timely relief to theparties to the contract. Both in the public and private law can not be a comprehensiveexposition of the nature of the administrative contract, was, in turn, introduced theconcept of "Public and Private Law Private Law Public Law". Although these ideashas not yet formed a strong system, but which can be seen, the administrativecontracts have crossed once simple field of public, private, associated with thecomplex political situation of the country, society. So, I bold breakthrough in the thetraditional dualist legal structure speculate whether the administrative contractattributable to the third field should be looking for a breakthrough in the field ofsocial law? The early social economic law and labor law on behalf of the academicformation of the concept can be traced back to the1870s in Germany. This article isthe author based on a social basis, trying to find new administrative contract reliefideas from the third field of social law, to explore administrative contract remedies.