The Protection Of Reliance Interests In Administrative Contracts

As a kind of administrative actions, the administrative contract has been widelyused to implement social management. The administrative contract is not the same asthe conventional administrative act because it is consensual and negotiable. Thecharacteristics of administrative contracts give the protection of reliance somedifferent sense. The main idea of the article is to discuss what the different sense is.This thesis is divided to four parts:PartⅠ: There is an analysis on China’s current administrative contractdevelopment problems, which is followed by an explanation about why the protectionof reliance interest is necessary to the development of administrative contracts inChina.PartⅡ: To find out these unusual features of reliance interests, this part expoundsthe constitute elements of the protection of reliance in administrative contracts. And itis also included in this part that the basis for administrative contracts’ trust benefitprotection, which is provided by the theory, the reality and the law.PartⅢ does a comparative research on the provisions of the principle ofprotection of reliance in administrative contracts abroad. At present, China hasn’t yetmade any law of administrative contract specially, let alone the reliance protection init. So drawing on the legislative experience of other countries is of prime importance tothe same flied of Chinese law.PartⅣ proposes the thinking of perfecting the reliance interest protection ofadministrative contract in China. The first thing to do is to develop the legislation forthe protection of reliance in administrative contracts. Secondly, establishing aeffective mechanism to bring the principle of protection of reliance into administrativepayment, especially for the protection of the expectation interest. Finally, theadministrative contract dispute should be formally incorporated into the scope ofadministrative litigation.