Administrative Agreement Litigation Research

The Administrative Procedural Law incorporates disputes of administrative contracts into jurisdiction of administrative procedure in November 2014,based on that, judicial interpretation gives rules to the procedure of administrative contracts, including definition, scope, limitation of action, time limits,jurisdictional court, the application of law, types of administrative adjudication and the costs of the procedure of administrative contracts. Firmly speaking, we have made great progress in legislation of the procedure of administrative contracts, because we solved the problem of choosing which procedure to deal with disputes of administrative contracts. However,we should see shortages of the legislation of the procedure of administrative contracts, particularly in weakness and imperfection of procedures applying to these, which will not lead to ideal result. The article aims to analyzing problems of the procedure of administrative contracts and putting forward comprehensive advice by combing through legislation of the procedure of administrative contracts,achieving the function of solving disputes of administrative contracts.The article can be divided into 4 chapters: Chapter one mainly introduces the basic theories of the procedure of administrative contracts, including the definition,legal nature and types of administrative contracts, the definition and features of the procedure of administrative contracts and the value of incorporating disputes of administrative contracts into jurisdiction of administrative procedure.Chapter two mainly introduces the procedure of administrative contracts of civil law system. I suggest learning and drawing lessons from these country 's?region's? mature experiences to improve Chinese procedure of administrative contracts by studying the procedure of administrative contracts of France, Germany, Japan and Taiwan.Chapter three mainly introduces the history and status quo of Chinese administrative contracts. Previously, Supreme People's Court either choose administrative or civil procedure to deal with these disputes. There aren't definite standards to judge. Until Administrative Procedural Law is revised, the administrative procedure has been made sure. However, there are many aspects that need to be perfected.Chapter four mainly provides suggestions to improve the procedure of administrative contracts. According to the basic theories of the procedure of administrative contracts and advanced experience of making laws of civil law system,I provide suggestions to make up for deficiencies.