An Analysis Of The Administrative Subject's Liabilities For Breach Of The Contract

In civil and commercial contracts,in case that one party fails to fulfill contractual obligations,the other party may safeguard its legitimate rights and interests through consultation,mediation or civil litigation.The administrative contract is a kind of special contract signed between the administrative subject and the administrative counterpart in order to maintain national and public interests and improve the administration capacity of the administrative subject.What makes the administrative contract distinguishes itself from the civil contract is that the administrative contract is in nature about specific administrative act and laws and administrative regulations are applicable to the circumstance of the administrative subject default.As the administrative subject enjoys prior rights in the administrative contract,in actual practice,breach of contract may be caused by the administrative subject's abuse of prior rights or its nonperformance of contractual obligations.Concerning the administrative subject default,the people's court or the reconsideration organ shall change or withdraw the charge of default,confirm its violation of law,or require the concerned administrative organ to continue to fulfill its contractual obligations and compensate for the economic losses according to requests of the administrative counterpart as well as laws and regulations.However,legal provisions clearly designed for the administrative subject default are insufficient in China.Actually,deficiencies are found in the fact that there are still a large number of administrative contract disputes settled through civil procedures.According to regulations in China's Administration Procedure Law and Administrative Reconsideration Law,disputes over the administrative subject default of the administrative contact are classified as administrative disputes.And the administrative counterpart may settle such disputes through administrative litigation or administrative reconsideration.Although China's Administration Procedure Law stipulates that mediation is not applicable to administrative cases,there are always exceptions.Administrative contract is signed between the administrative subject and the administrative counterpart within the scope of laws and regulations.It is the result of discretion of the administrative organs.In addition,mediation system is also applicable to disputes over the administrative subject default of the administrative contact as most administrative contract disputes are related to administrative compensation and reparation.This paper aims to have a comprehensive analysis of the administrative subject through three steps: first,define the nature of administrative contract default;second,analyze the features of the administrative subject default liability,the civil contract default liability and the liability of general administrative laws;third,explore the expressions of the administrative subject default,ways for it to assume liabilities,and approaches to invistigate its liabilities.