The Litigation Relief Of The Administrative Contract Dispute

With the development of market economy, the progress of democracy, the reform of modern administrative idea, as a flexible and effective way of administration, administrative contract has been widely used in practice. But the judicial system of the administrative contract dispute is not very perfect. In theory level, it has not yet formed a complete theoretical system, there are still different opinions on many issues. On the legislative front, there is a lack of relevant laws and regulations, resulting the lack of effective guidance for the development of administrative contracts. Currently in China, on the one hand,the administrative contract disputes rarely enter the judicial process, on the other hand, even into the proceedings, many are treated as ordinary civil contract referred to civil court for trial.The jurisdiction of administrative contract dispute case is extremely confusing. In order to improve the administrative contract theory, to fully protect the legitimate rights and interests of citizens, administrative contract dispute litigation relief system must change.In this paper, based on China’s administrative practice, while referring to the judicial system of foreign countries, the meaning and scope of administrative contract should first be clearly defined. Secondly, with the opportunity to amend the Administrative Procedure Law, add the administrative contract dispute into the scope of administrative litigation and put it to the administrative tribunals. Meanwhile, in order to avoid disputes in judicial practice,it must have a clear range of administrative contract party through legislation and we must focus on rights protection of the third party. Again, the administrative contract does not exclude applying private law,the application of special law should be given priority, then we can apply contract law. Finally, the article analyzes the particularity of other problems arising due to the special nature of the administrative contracts including administration preferentiality,act before the administrative contract and review of the administrative contract with the other review of administrative acts intertwined.