| Governmental franchise contracts plays an important role in cooperation projects increased today,it can not only ease the government's fiscal expenditure,more can promote the marketization of public service in China,enhance the level of public service and accelerate the development of social economy.Determining its legal property is applicable precondition for economic development.However,it has affected the practice of running dispute resolution mechanism,due to the position of contracts' nature is not accurate in current.To determine the class nature of the franchise contracts,the author analyzes the operating conditions of government franchise business to further explore the perfect solution after contract dispute.It is built on the basis of the China's current laws and regulations.To do this,author uses case analytic method to describe the research progress of the government franchise contracts,draws her own conclusions through the use of causal analysis and comparison of different theories of perspective,and puts forward feasible suggestions.The article is divided into four parts,about eighteen thousand words.The first part of the text points out that the theory of the government franchise contracts' nature of much.Through a comparative analysis of these doctrines unreasonable in nature,the author summaries and draws that the government of the franchise contract is an administrative contract,but both administrative and civil desirability of a dual nature;The second part talks about two aspects of the existing legal system built on such a contract dispute solutions;The third part analyzes defects from two dispute settlement mechanisms;The final part presents clear from the overall system of governmental franchise contracts specific recommendations.The author believe that,the study of government franchise contracts'nature and dispute resolution mechanism can help guide the healthy operation of administrative contract,improve the existing legal norms and maximize public benefits. |
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