Research On The Criteria For The Identification Of Administrative Contracts

The relationship between civil contract and administrative contract has been debated in the field of theory and practice in China,and there is no consensus.Experts in the field of civil law and administrative law have not been able to form a consistent view.Experts in the field of civil law believe that the scope of the administrative contract should be limited,and even the administrative contract should not be recognized.Administrative law scholars recognized the administrative contract,the form of contract are mainly state-owned land use rights transfer contract,the government procurement contract,into which the government research contracts,government franchise contract,rural land contracting contract and many other types of contracts with the administrative contract tendency.For the first time the administrative organs in violation of “government franchise agreement?land housing levy compensation agreement”have been embedded into the administrative litigation category,according to the administrative procedure law,which has been promulgated recently.But it failed to define the standard and the category of the administrative contract,which makes the relationship between administrative contract and civil contract more unclear.It is impractical to deny the concept of administrative contract thoroughly.It is also unreasonable to expand the scope of administrative contract blindly.It is of great theoretical and practical value to effectively establish the relationship between administrative contract and civil contract under the approval of the concept of administrative contract.The first section of this paper summarizes the meaning ? research status ?research method?innovation of the identification standard of administrative contract;The second section analyzes the general theory of administrative contract,analyzes the development of administrative contract in China,analyzes the distinction standard between civil contract and administrative contract;The third section concludes the application scope of the statutory standards and statutory category under different circumstances by studying the judicial case of the identification of administrative contract over the recent two years afer the the "administrative procedure law " has been promulgated;The fourth section analyzes both the practical and the theoretical difficult of the identification standard of administrative contract;The fifth section raises the advisement of establishing identification standard of administrative contract by reflecting the current identification method.