Research On Administrative Contract’s Judicial Relief

Administrative contract refers to an agreement relating to one party as administrative subject’s administrative rights and obligations’birth, change and end. It aims to meet specific requirements of the public and accomplish specific administrative objects. Administrative contract has the character of administration and desirability at the same time, but the character of administration is its fundamental character. In right allocation, first, parties of administrative contract both enjoy generally contractual right. Second, to protect public interests and ensure administrative objects’successful realization, administrative subject enjoy several administrative priority rights like rights of commanding, supervision, changing, cancellation and sanction. Third, the relative person enjoys right of claiming for compensation to make up for the unequal in the right allocation, and to keep balance of economic interests between both parties. Although administrative contract is a kind of administrative action, administrative contract is a kind of contract comes of the private contract, and administrative contract should have the basic meaning and general character of contract. So, administrative contract’s effectivity, invalidation, revocation and alteration are restricted by administrative action’s ones, and at the same time are similar to civil contract’s ones. Signing contract with relative person is a measure for administrative body to administrate. Chinese administrative body has applied quantities of administrative contract to deal with relative administrative affairs in each area of administrative management since the enacting of reform and opening-up policy, which results into kinds of administrative contracts like concession agreement, contract on transfer of the right to use of State-owned land, administrative agreement, administrative commission contract, contract on education and cultivation and so on. Among those listed above, administrative contract signed by administration and relative person can get relief from administrative litigation.There is a long process before establishment of Chinese administrative contracts’ legal relief institution. With the amendment of administrative litigation and release of interpretation on administrative litigation’s several problems in applying, institution of administrative contract’s relief via administrative litigation is established officially. Administrative litigation and its judicial interpretation have special regulations on administrative contract litigation’s litigation deadline, jurisdiction, judging basis, legal claims, kind of sentence to choose and litigation fees. By analyzing these regulations and combining Chinese courts’actions pf judging administrative contracts cases in practice, this paper finds that recently judicial relief of administrative contracts still has some problems, such as uncomprehensive stipulation on administrative contracts litigation scope of accepting cases, unclear stipulation of litigant claims and applying sentence’s circumstances, thin protection on relative person’s right of litigant claims and incapable relief to administrative body.To solve these problems, this paper discusses relative improving methods and suggests that it is necessary to widen scope of accepting administrative contracts cases and circumstances where relative person enjoys right of compensational requirements, make clear claims of administrative contracts litigation and applying circumstances of administrative contracts cases’sentences, and establish bothway litigation structure, based on the related theory research, case analysis, and extraterritorial institution comparison.