Judicial Relief Of Administrative Contract

Nowadays, administrative contract helps to compensate for the limitations of unilateraladministrative, enhance administrative democratization, improve administrative efficiencyand other advantages in the field of public administration in China，which has been widelyApplied. However, the development of administrative contract theory lags behind the realitydevelopment, which lacks of a more thorough and detailed discussion on the basic theory andthe design of related system. The same time, due to the lack of theory and legislative support,judicial practice in China in administrative contract is backward developed, especially in howto identify the administrative contract and what the trial rules and principles of hearingAdministration contract-related legal disputes should be. Judicial practices often confuseadministrative contract and civil contract. Administrative contract is born out of civil contract.However, it has the characteristic of administrative, which is quite different in litigation andjudicial model, which cannot be ignored. Theoretically, therefore, the discussion ofdistinguishing criteria for administrative contract and civil contract is important, which willhelp to clarify the confusion situation of current administrative contract judicial relief.This article includes Introduction, body and epilogue. The body part is divided into fourparts, which are: the basic theory about administrative contract and civil contract, thedistinction between administrative contracts and civil contracts, the judicial relief ofadministrative contract, and the building of judicial relief system on administrative contract.The first part describes the concepts of the administrative contract and civil contract. Andthen, it talks about the history of administrative contract and civil contract. Thirdly, itintroduces the impacts of civil contract rules to administrative contract rules.The second part focuses on the distinction between administrative contract and civilcontract. Firstly, it clears the significance of the distinction between administrative contractsand civil contract. Secondly, with the comparative law view, it talks about the theory andpractice of German, French on this subject. And then, it comes to the distinguish standard ofour country and reconstruction of it.The third part describes the judicial relief of administrative contract, mainly from theview of comparative law, which introduces the practice of France, Germany, China’s Taiwanregion, the United Kingdom and the United States. Then, it focuses on the problems and the reasons of the current judicial practice in China mainland on administrative contract.The last part of the body is about the construction of the judicial relief system onadministrative contract. This them is discussed in details of what the rules and principlesshould be applied, rules of evidence, intermediation, and judgment types.