Relief System Of Administrative Contract

Administrative contract began in the West and is highly respected as a new way of administration with its high efficiency, flexibility, highly developed democracy. It has enriched the way of the administration to promote the democratization of administrative management and diversification. Administrative contract system itself flawed and even administrative contract relief system could be delayed. The impact of the problems has been widely used in administrative contract. The writer began this relief from the specific system of administrative contract and puts forward specific ideas of a sound system of administrative contract remedy drawing on the advanced Western countries on the basis of practices and useful experiences. Based on the Western summarized analysis model of administrative contract relief, China should establish a public law remedy while focusing on the rules of private law and focusing on the administrative contract relief program control mode. At the same time, our existing administrative review, appeals and arbitration remedy and other extrajudicial and administrative contract litigation are reflected and reconstructed. Through the "legal void" principle and the "override void" principle from western countries, the measures of a sound offense to declare the contract void or revoke will be established. Through drawing on the "compensation based on liability without fault" principle and the "fault-based liability for compensation " principle in Western countries, the measures of the administration of compensation for damage will be improved.