Research On The System Of Legal Remedy Of Administrative Contract

China’s administrative contract practice and the carrying out of the responsibility systemand the transition from a planned economy to a market economy, the transformation ofgovernment functions, management means diversity and other factors are closely related. In1987the Communist Party of China " National Congress " put forward clearly in the contractbetween state and enterprise of the responsibility, power and benefit, regardless of what kindof management responsibility system should use legal means, contract to determine the stateand enterprises, between the business owners and business operators responsibility, right,benefit relationship. This provision provides the fundamental basis for the research andapplication of our administrative contract. Administrative organs began to explore foradministrative purposes by way of contract, such as the promotion of family planning, publicsecurity, wooden plaque, contract contract, with the national order instead of the original plan,land use right transfer contract, agricultural land management contract. These contracts cannot be applied to general rules of civil law of the pure.Since China’s reform and opening up has been in use in practice of administrativecontract, scholars also discusses the administrative contract, achieved fruitful academicachievements. Professor Ying Songnian, Jiang Mingan, Ma Huaide, presided over the draftingof the " administrative procedure law of the people’s Republic of China (Draft)" the relevantcontent of the administrative contract are given due attention. Agricultural land managementcontract. These contracts can not be applied to general rules of civil law of the pure.The purpose and significance of the researchThe author in this paper, discovery and research of administrative contract in Chinaappeared in the process of application problems, and according to his knowledge of simpleanalysis of the relevant concepts and issues, finally puts forward some shallow suggestion,expect to add bricks and tiles for the development of administrative contract litigation relief.The administrative contract as a new thing can be widely used has its profound background ofthe times. With the administrative contract is becoming more complex, relief of administrativecontract, especially as a final remedy judicial relief should play an important role. But China’scurrent on administrative contract litigation law or not, whether in law or in the actualoperation there are many problems, which are caused by the reality of administrative contractrelief confusion. The author tries to clarify the carding, problems of current administrative contract lawsuit mode.This paper is divided into four parts.The first part is an overview of the basic theories of administrative contract. The maindescription of the administrative contract concept; difference between the basic characteristicsof the administrative contract and the administrative contract and related concepts, finallyintroduces the different position in foreign administrative contract, hope that through this partof the description of the administrative contract itself has a comprehensive grasp.The second part is the administrative contract lawsuit relief model of Western countries.Mainly through the relief pattern description of civil law in France, Germany and Britain,represented by the United States as the representative of the Anglo-American law system ofadministrative contract lawsuit, and provides the beneficial reference for the administrativecontract in administrative litigation relief mode.The third part of the administrative contract of our country current situation of thedevelopment of administrative litigation relief mode memory problems existing, put forwardits own ideas on the base of analyzing various problems.The fourth part is the key part of this paper, mainly put forward their suggestions onChina’s current administrative contract lawsuit mode. From the scope, intensity of review, theburden of proof, reconciliation, mediation and judgment diversification aspects in-depthanalysis and research olutions.