Study On The Obligation Of Submitting For Approval Of The Administrative Approval Contract

The administrative approval contract is a product of the planned economic system,it's purpose is to protect the public interests of the state and manage transactions in special field.The Not-yet-effective contract is a new type of the contracts in our country,if we could accurate definition the obligation of submitting for approval it will be easy to solve other problems in Not-yet-effect contract.Therefore,hoping this article could clarify the context of the problem,refer to the stipulate of other countries,to find a solution.There are three parts in this text:The first part is analysis the current legal issues and operational issue of the administrative approval contract.Trying to analysis the current law to show the development history of the contract,and to discuss the self-contradiction of the legal provision.Through the analysis of current law to extraction the definition of the obligation of submitting for approval.At the same time,expose existing problem of the obligation of submitting for approval,such as the independence of the obligation of submitting for approval,the nature of the obligation of submitting for approval,the liability when someone infringe the obligation of submitting for approval and the flaw of the obligation of submitting for approval.The second part is via the method of comparative law in other countries.Summary the relevant regulations of administrative examination and approval system in Germany civil law and Japan civil law,by comparing two countries,we could know Germany and Japan are support administrative examination and approval can be revoked,but Japanese scholars do not accept the executive authorities have the right to revoke the administrative examination and approval.Its different from Germany civil law.For our country,contract liability relief and revoke the administrative examination and approval seemed to be a rule we can leverage.The third part is to improve the administrative examination and approval of the contract.This part is an answer for approval obligation existing problems proposed in the first part.We should admit the obligation of submitting approval have independence,and the validity of the contract will not affect the obligation of submitting approval.Therefore,breach of contract shall bear the liability of Culpa in Contrahendo.And the delinquent party should compensate the performance of interest.