The Study Of Case About The Judicial Regulation Model Of Administrative Contract Disputes

In the field of legislation,rules of administrative contract are not contained in the Chinese “Contract Law”.Therefore,there is no direct regulation about the concept of administrative contract and how to solve disputes under such contracts.In judicial practice,the settlement of administrative contract disputes gets more difficult to be satisfying.Generally speaking,administrative contract disputes are rarely entered into the judicial procedure.In other words,Chinese courts prefer to take administrative contract disputes equally as civil contract disputes,which hampers the development of the construction of administrative contracts.In addition,the confusion of applying rules of administrative contract leads to unpredictable results.Cases containing fundamental similarities but judging by different courts may lead to distinct judgments.Therefore,in order to protect the legal rights of citizens and enhance the role of the governing administrative contracts has played,it is necessary to strengthen the existing disputes resolution in the field of administrative contracts.Under the current judicial pattern,the burden of proof is entirely borne by the administrative party.This unilateral distribution of the burden of proof is undoubtedly unfair to both sides of the contract.The nature of administrative contract is complicated.If it is regarded as administrative Behavior,the administrative party will bear strict responsibility of proofing,which is not good for the development of administrative contracts.Therefore,The suggestion about several measures including rules application,reasonable allocations of the burden of proof,non-litigation solutions and exhausting administrative relief of administrative contract disputes.After taking those measures,both parties under the administrative contracts are expected a better resolution after disputes happen.At the meanwhile,those measures provide more choices for the administrative counterparts when disputes come.In addition,they also make the courts more easily qualify the nature involving the case of administrative contracts disputes.Such measures are beneficial to holding the justice through the judgement.Only by the detailed and rigorous of the improvement of the administrative contract disputes' legal system to achieve the goal that the administrative contract should pursuing for at the beginning of its design.