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Judicial Review Study Of The Administrative Contract

Posted on:2018-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiFull Text:PDF
GTID:2346330536975762Subject:Law
Abstract/Summary:PDF Full Text Request
It is an indisputable objective fact that administrative contract exists in administrative practice,disputes over administrative contracts increase due to the increase in the number of administrative contracts,how to solve the administrative contract disputes efficiently and smoothly has been a subject of great concern.China's legislation has incorporated administrative contracts into the scope of administrative proceedings,judicial procedure is an indispensable channel of relief,it is necessary to carry out judicial review of administrative contracts.Summarize some problems in judicial review of administrative contract in our country,for example,the litigation model is confused,the review principle is different,and the examination model is vague,which is not conducive to the settlement of administrative contract disputes.Some countries have gradually matured their administrative contract system,which has brought a lot of enlightenment to our country in the judicial review of administrative contracts.Therefore,drawing lessons form the judicial review system of foreign administrative contract,according to the situation of our country,aiming at the problems in the judicial review of administrative contract in our country,the following perfect measures are put forward:first,the administrative litigation model of unified administrative contract;secondly,the principle of judicial review is summarized,according to administrative norms and civil norms,summed up the legal,reasonable,contract principle;finally,the plaintiff claims as the starting point and foothold,we should review the administrative priority rights,conduct a comprehensive review of administrative contracts,properly resolve disputes over administrative contracts,balance the interests of both parties,and bring into full play the functions of administrative contracts.
Keywords/Search Tags:administrative contract, judicial review, litigation mode, review principle, review mode
PDF Full Text Request
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