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On Perfection Of Administrative Contract System In China

Posted on:2015-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2296330431466687Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of market economy and social system, theestablishment of service-oriented government won the general consensus, the rulingconception of the government is gradually changing, the service administration ideaalso gradually establish. At the same time, the traditional mandatory management meansto start new administrative means is embodiment of democratic consultation andcooperation in the spirit of service is replaced, because of the emphasis ofadministrative contract agreement and gradually in the modern administration plays amore and more important role. But at present our country in the aspect of administrativecontract theory and legal construction has certain deficiency, which leads to manyproblems in the reality of administrative contract can not be effectively solved, therebyaffecting the development of administrative contract system in our country, in view ofthis situation, this paper mainly from four aspects to our country administration contractsystem is discussed, and put forward the some suggestions on how to improve ouradministrative contract system.The first part: Based on the concept of the administrative contract gives acomprehensive overview, including the basis of existence and meaning ofadministrative contract, administrative contract nature, function and classification ofadministrative contract theory, and further expounded.The second part: mainly investigates the development situation of foreignadministrative contract system in theory and practice, in Britain, USA as therepresentative of the Anglo American law system countries and take Germany, Franceas representative countries of continental law system in administrative contract system,there are great differences, the administrative contract system in the two legal systemcomparison and analysis, induction summed up some useful experience, which can be used as reference to improve China’s administrative contract system.The third part: discussed the development status of the administrative contract systemin our country, and on the basis of several mainly in the form of administrative contractin the practice of our country, such as the land use right transfer contract, the publicworks contract, and points out the main problems existing in the administrative contractsystem in our country at present.The fourth part: this chapter focuses on the improvement of administrative contractsystem in china. First of all, through the administrative contract law is formulatedindependently, the concept of the administrative contract, principle, scope andincorporated into the scope of legislation. Secondly, establish the basic principles ofadministrative contract should follow, such as public priority principle, the principle ofbalanced allocation of power and protecting relative person benefit principle. Onceagain, the overall process of the norms of the implementation of administrative contract.Finally, according to the current situation of administrative contract dispute settlementmechanism is not perfect, the administrative contract dispute settlement mechanismscheme, including negotiation, arbitration and administrative reconsideration as thejudicial relief system, and the litigation system of administrative contract on behalf ofthe judicial relief system.
Keywords/Search Tags:Administrative contract, Foreign administrative contract system, Current situation and problems, Sound and perfect
PDF Full Text Request
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