Study On The Relief Channels Of Administrative Contract Disputes

Administrative contract is referring to the contract with administrative power that the administrative organization establishes in order to achieve the goal of public administrations or public interests in which the administrative organization and either legal person or other organizations enter in to the agreement through consolation. As a new form of management in administrative system, administrative contract is increasingly attracting the attention of administrative subject and relative person. While administrative contract has been developed and widely used today, there are always some disputes associated with it. Unfortunately, our country has not yet formed any system of administrative contract and effective relief system of administrative contract dispute. The deficient research on the theory of administrative contract has seriously hindered the norms of legislation in administrative contract, which will result in the sluggish situation of administrative relief channel, and such a condition will eventually hinder the progress in the administrative contract system. Therefore, it is crucial for us to have a efficient relief channel of administrative contract.This article is studying and analyzing on the existing administrative relief based on the basic elements of administrative contract The lack independence of our country's judiciary incomplete accountability system of government and shallow legal system consciousness of government staffs have not only led to the serious disorders in our country's administrative contract relief channel in which administrative relative person has no effective protection in term of his or her legitimate rights in the administrative contract disputes, but also affected the credibility and authority of government agency. Hence, completing the administrative contract relief channel is not merely protecting the legitimate rights of administrative relative person, but also an effective way for administrative agency to fairly use its prior right. In this sense, establishing the reasonable and valid model of judiciary is an important way to compete the administrative contract relief channel.Therefore, this study indicates and analyzes the existing advantages and problem of our country in term of resolving administrative contract disputes from the perspective of relief channel. This study will propose some strategies and suggestions in order to complete and improve the relief channel of administrative contract which bases on the practice, legislation, and achievements in theoretical research of administration contract in our country and refers to experiences of mature administrative contract system in foreign countries.