Analysis On The Status Quo Of Judicial Review Over Administrative Contract And Its Countermeasures

The development of market economy and the advancement of democratic politics promote the reform and innovation of modern administration management means.Administrative contract is a scientific and flexible administrative management means,therefore has wide application in the modern management. Although the amended Administrative Procedure Law may propose solutions to the contract disputes into the administrative procedure process, it lacks adequate direction towards the systematic and sound review system for administrative contract. At present, not all administrative contract dispute cases may enter the judicial process and although entering the judicial process, some cases are identified as civil contract, which belongs to civil trial court. In addition, the administrative contract disputes are often in an embarrassing situation when they enter the judicial process because of the antagonism of civil trial and administrative trial. Therefore, in order to improve relevant theories for administrative contracts' judicial review and to ensure that the administrative contracts play positive role in management, it is necessary to promote reform and innovation in litigation system for administrative contract disputes and establish judicial review system for administrative contract.On the basis of the analysis on the connotation, extension, constitutive elements and categories of administrative contracts, this paper makes deep analysis on its constitutive elements, and categorizes and regulates different administrative contracts. This paper researches the causes of action of administrative cases and civil cases, analyzes their respective establishment principles, specific requirements and constitutive forms and probes into the significance and approach to unify causes of action. This paper elaborates the status quo of judicial review of administrative contract from the perspective of its theory system,trial dilemma and abuse of administrative sanction, and analyzes its defects in judicial remedy measures. The author analyzes the relevant administrative contract cases as the perspective,researches effective measures for establishment of judicial review over administrative contracts, further proposes the influence of judicial review practice on the administrative contract, enhances the mutuality of litigation structure, and improves mediation system andreconciliation system, hoping to be conducive to further development and improvement of judicial system for administrative contract.