On The Perfection Of Administrative Contract System From The Perspective Of Judicial Review

Along with the wider use of administrative contract and the increased disputes,the way to solute administrative contract dispute becomes a urgent problem. The modification of Administrative Procedural Law, provide the basis for more administrative contract dispute into administrative lawsuit way. But the absence of legal system of the administrative contract limits the function of the administrative contract and the development of the lawsuit system. Specific cases in the people’s court of administrative contract is still problems, such as lack of legal basis, related rules, such as the provision of the administrative relative person fails to perform the administrative contract relief for the administrative subject, uncertain of the range of the administrative contract, rules of evidence about the administrative contract, the principle of ruling way, examining and standards need to be further clear, and so on.Suggest the first under the State Council has the realistic feasibility of the administrative contract regulations, make unified provisions on the administrative contract, finally prompted the National People’s Congress(NPC) establish administrative procedural law or contract law. Advice formulated by the supreme people’s court for guidance, specializing in cases involving administrative contract scope of accepting cases of administrative contract, review the principles and standards, rules of evidence, the relief way of the administrative subject when the administrative relative person default and the way of decision problem to make comprehensive regulations.