Invalid Identification Of Administrative Contract

The government administrates in the way of the administrative contract more and more frequently, but the legal system of the administrative contract is incomplete in China. The present legal system hinders the government’s administration, which leads to chaos in the practice of disputing resolution by the administrative contract. The effectiveness cognizance of the administrative contract is the precondition and foundation of subsequent resolution. The effectiveness system of the administrative contract is the necessary condition of the administrative contract system and invalid identification system ofthe administrative contract is the basis of the whole effectiveness system. Therefore, invalid system is constructed as the center effective system.The dual attributes of the administrative contract "administrative" and "contractual" determine on the way of invalid identification of the administrative contract, which should be regulated by public and private laws. Among the existing studies of the administrative contract, only the general ideas are provided to identify when the administrative contract is invalid. Even if some articles refer to a hybrid standard for effectiveness system, they do not give a detailed explanation how to apply the invalid administrative contract in a hybrid system, especially how to combine with our current administrative law and civil law.This thesis is divided into five chapters. The case “the Jiangxi urban management bureau auctions the right of roadside stall business” is the breakthrough point to start my paper as chapter one. The paper analyzes the main problems of the administrative contract effectiveness and put forward that the invalid identification of the administrative contract shall be mainly used public law norms and take private law norms as reference. The second chapter to the fourth chapter is the main part of the article. Based on the effective factors of the administrative contract and combined with our current administrative law and civil law, the analysis is systematically unfolded of the relationship between various effective elements defects and the invalid the administrative contract. To be more specific, the second chapter analyzes the relationship between the content defects and the invalid administrative contract; the third chapter analyzes the relationship between defects in contract subjects and meanings and the invalid administrative contract; the fourth chapter analyzes the relationship between the procedure defects and the invalid administrative contract. The fifth chapter as a summary of this article considers that the invalid identification shall be based on the invalid identification of the administrative contract in public law and take reference to civil law. The guide of invalidation should be clear and significant illegal and the specific use of civil law as a standard can check the effectiveness of the administrative contract. Moreover, this kind of view should be consistent with the public laws’ spirit, principle, and value pursuit. It should make corresponding revision when inconsistence happens. Beyond the previous discussion, we conclude the main situations of invalid administrative contract and analyze the necessity and feasibility of perfecting the administrative contract system by legislating administrative procedure law.