Judicial Review Of Administrative Contracts

This year,China's government management model gradually from the control to the service-oriented transformation,the government's management of the community is no longer a planned economy era of the simple application of orders,big package,but more to serve the people.In the context of the service-oriented government model,the administrative contracts in China's government management activities have emerged in large numbers.Due to the privileges of the executive authorities and the mutual penetration of public law and private law,administrative contract disputes resolution,the judicial review is undoubtedly the most widely used,the least controversial way.Before the revision of the new Administrative Procedure Law,there is no uniform stipulation on the concept,nature and remedies of administrative contracts.In view of the urgent need for dispute resolution,the legislature in the revised "Administrative Procedure Law" provides that the administrative contract is an administrative act.After the implementation of the new law,the administrative contract formally falls within the scope of the judicial review,and the relief mode is formally defined as the public law model.Although our country has already included the administrative contract in the scope of the court's review,there are still many shortcomings in the system at this stage.The court can not deal with the problems in the process of administrative contract.We need to learn from the advanced thinking of civil law conditions to further improve our country's administrative contract judicial review system,which includes the basic principles of judicial review of administrative case,redistribute the burden of proof,enrich the form of the referee and the introduction of mediation system.