The administrative contract dispute can be divided into dispute caused by administrative act which related contract and dispute caused by the contract itself.In practice, dispute caused by administrative act which related contract can be solved through administrative proceedings of administrative act, and to dispute caused by the contract itself,different courts have different patterns of judicial review, which is the focus of the article. The author believes that the controversy stems from confuse to nature of administrative contract.We should adopt the "legal relationship theory" to confirm the content of administrative contract.In judicial practice, we can use enumeration to prescribe the extension, and judicial review to administrative administrative contract.In addition, the related provisions in Administrative Procedure law of the people’s republic of china should be modified. |