Research On The Dispute Settlement Mechanism Of Administrative Contract

Today the administrative contract plays an increasingly important role in social management, which combines mandatory executive orders and the desirability of a civil contract. Because of this, the relation between the Government and its relatives has changed, from management and managed that original binary opposite relationship to corporate that have a partnership interests and common goals. It makes the government’s social management becomes smoother and more people participate in social management and construction actively. However, administrative contract system in our country exists these problems: starts late, controversial, lack of legislation, the practice is not uniform. This makes the role of the administrative contract cannot really play out. Especially when contract disputes arising from the contract. Because of the unclear of dispute settlement mechanism of the administrative contract, the two parties are likely to lead to a loss which should not have to suffer, or even do harm to the public interest. To solve this problem, the author himself makes this article as an initiation to cause more people to pay attention to this issue.This paper is divided into three parts. The first part is the definition of administrative contract to analyze the differences between administrative contracts and civil contracts from the dispute on administrative contract of the civil law, and on this basis to define the concept of administrative contract. The second part of the discussion is the type of administrative contract disputes, through the observation of the current domestic existing dispute settlement mechanism of administrative contract to look at the problems of the current mechanism. The third part makes a simple perfection of the problems that were discussed above on the dispute settlement mechanism of administrative contract. This paper argues on the relief of administrative contract disputes and feasible method negotiation, arbitration administrative enforcement, administrative reconsideration and administrative litigation. For administrative litigation, herein do a simple analysis on administrative proceedings from seven aspects. The subject qualification part has also been discussed, and we thinks that the traditional "people suing government officials " system has great limitations, which should be allowed under certain conditions, and the reason of it is also be discussed. I hope it will lead to more people to pay attention to the administrative contract system by writing this article, meanwhile, lead a modest contribution to the progress of administrative contract system.