Research On China's Administrative Contract Litigation Rules

As a form of market economy and democratic development,administrative contract is one of the ways to carry out social management.It can not only guarantee the realization of the administrative objectives of administrative organs,but also make the administrative counterparts participate in social management activities in a more democratic way.The special function of the administrative contract has been widely used by the administrative organs,but also a large number of administrative contract disputes.But our country lacks the uniform legal regulation to the administrative contract system,causes the administrative contract dispute settlement to present certain chaos.In the administrative contract litigation,the theoretical and practical circles have long been unable to reach a unified opinion on the nature of the administrative contract.The court usually considers the administrative contract as a civil contract when examining such cases,thus applying the civil legal norms;The Supreme People's Court promulgated the relevant approval,instructions and so are more inclined to the administrative contract into the scope of the case of civil litigation,leading to the court review of administrative contract cases can not correctly understand the characteristics of administrative contracts,seriously damaged the legitimate rights and interests of administrative counterparts and the national and social public interests.The new Administrative Litigation Law implemented in 2015,for the first time in the form of legislation will be clear,including government franchise contracts,land and housing levy compensation contracts,including administrative contracts into the scope of administrative litigation,to solve the nature of the administrative contract issues The However,the new administrative litigation law only makes general stipulation on the administrative contract.The court still faces many problems when considering the administrative contract cases.Generally speaking,it includes two aspects: the administrative action of the administrative contract,that is,The type of administrative contract is not clear.Second,the administrative contract judicial review rules are not specific enough,can not completely solve the administrative contract disputes,mainly for the administrative contract review and legal application rules to be clear,the administrative contract litigation burden of proof is irrational,administrative agencies lack of legal relief.On the basis of analyzing the situation of normative documents and theoretical circles,this paper puts forward the feasible way of improving the defects of administrative contract litigation on the basis of the situation of the judicial case of the people's court.The suitability of the contract,to enumerate the way to determine the scope of administrative contract litigation.The second is to improve the corresponding rules of judicial review,that is,for different review of the contents of the application of different legal norms,reassignment of the burden of proof of the parties and to determine the administrative organs of non-prosecution administrative procedures for relief.