And The Relief Of Administrative Contract Theory Is The Dilemma Of Our Country

Accompanied by the rapid economic development, social life increasinglycomplex and urgent transformation of government functions, administrative role is nolonger limited to the traditional command and obedience administrative philosophy. Anew administrative innovation model came into being. The rise of the administrativecontract theory is the public authority to break through the traditional administrativelaw theory. However, compared to the West, our theoretical research is still farbehind the process of practice. The current administrative contract managementlegislation or drafting a judicial interpretation more difficult for the reason, a veryimportant reason is the lack of sufficient empirical basis. In order to fit the needs ofthe construction of the current government under the rule of law in China, aimed atthe topic of this article attempts to clarify the administrative contract theory on thebasis of focus from the practice the predicament and Remedy explore administrativecontracts are widely applicable, by the large number of cases Empirical administrativecontracts are widely applicable theory and institutional dilemma, analysis of theadministrative contract risk prevention judicial relief material to provide for theeffective control the public power abusiveness relief relative to the legitimate rightsand interests of the legal rules.This article consists of two parts: introduction and the body of the content.The Introduction domestic discussed further from the side to reveal the need foradministrative contract administrative law activities, and initiative play in the futurebuild administrative contract system as well as the use of the process, but thesuperiority of the administrative contract. Stressing that explore for the contractbroadly applicable plight relief concerns, and the most prominent problem is widelyused in the field of administrative law for the administrative contract research.The body of the content is divided into four parts:Part Ⅰ: Clarify the related concepts and their theoretical origins of theadministrative contract, including the definition of administrative contracts,administrative contract classification and form while learning and learn the benefits offoreign theory. This requires not only theoretically accelerate the establishment of thecontract system, from the legislation up to be strictly controlled.Part Ⅱ: by listing several administrative contract case, thus linking theory with practice, on system specific administrative contract widely applicable processpredicament case studies. In order to safeguard the public interest, as it should begiven administrative subjects certain privileges, since the internal administrativecontract has already decided the rights and obligations that is not balanced, then trythis uneven control in a reasonable range, harm the legitimate private rights. And thisarticle will not only simply concerned about the possibility of administrative contractsare widely applicable public authority anomie, also attach importance to contractrelative betrayed the regulation of public power phenomenon that may exist in themarket economy system.Part Ⅲ: Review of the current status quo of China for administrative contractrelief ways revelation. There are a lot of missing a long time due to the shackles of thecivil law and economic law theory, the relief system construction of China’sadministrative contract, coupled with China is for a society in transition, the reform ofthe administrative system resulted in the cancellation of the original relief system, sowe There is a need for profound reflection and reconstruction of existing relief systemof the administrative contract. Judicial relief system of Western countriesadministrative contract design comparison and learning, from which we can shouldlearn the most important lesson is that attention should be paid to the administrativecontract relief not only judicial relief, but also need to be considered extra-judicialrelief system.Part Ⅳ: Compare to Judicial relief system of Western countries administrativecontract and we can learn the most important lesson is that attention should be paid tothe administrative contract relief not only judicial relief, but also extra-judicial reliefsystem. A large number of legislative texts and case-based analysis to investigate theadministrative contract relief system suitable for China’s national conditions,establishing administrative contracts applies to public and private law and the rules ofjudicial review. It is possible that the parties of contract have a breach of contract, soit also has focused on different judicial review content.