| French administrative law has traditionally been forbidden to solve the administrative contract disputes through arbitration.How this principle of prohibition was established in the French administrative law? Whether the arbitration system can become one of the extra-judicial remedies of the administrative contract disputes in France,and if so,how should the arbitration be operated in the practice of administrative contract dispute resolution,we need to find out.This article will analyze the arbitration system of administrative dispute settlement in France at different levels,clarify the process of its establishment and the direction of its development in practice,what special problems need to pay attention in the arbitration of administrative contract under the principle of exception,After the dispute arbitration results are made,how to implement the arbitration results and judicial review should be explored to explore how to apply the arbitration correctly in the settlement of administrative contract disputes and to explore the development direction of the arbitration system in the future settlement of administrative contract disputes.This article makes a normative evaluation of the system from the aspects of the status quo,principles and exceptions of the system,the implementation of the system,the implementation of the results and the judicial review,as well as the overall construction of the system,and analyzes the possible problems encountered in the implementation of the system.A system of research is more systematic and comprehensive,so as to build and perfect this system.In French administrative law,there are few explicit provisions of the relevant rules and regulations,so often we also need to explore the relevant administrative law jurisprudence and legal theory.The text of the article is divided into three parts.The first part mainly focuses on the establishment and development of the principle of prohibition of arbitration in the French administrative contracts.First of all,it clearly establishes the basis of the principle of prohibiting arbitration in administrative contract,summarizes the relevant French Civil and Commercial Code,and the relevant jurisprudence and jurisprudence,and analyzes the reason why the principle of forbidding arbitration is established.Second,summarize the development and impact of the principle,the expanding trend of application of the research principles and the impact of the trend on the development of other non-litigation dispute resolution mechanisms in France.Finally,there are some exceptions to this principle with thedevelopment of theory and practice.The author believes that the emergence of exceptional circumstances and the trend of growth shows that the French administrative law on the administrative contract dispute arbitration system,the legitimacy of the change.The arbitration system is based on the contractual nature and complies with the contractual features of the administrative contract,which makes the arbitration to resolve the administrative contract disputes legally.However,in addition to the contractual nature,the administrative contract also has the requirement of administration.This requires that the arbitration of the administrative contract not only be based on the autonomy of the parties but also be controlled and restrained by the relevant administrative laws,that is,the meaning of arbitration autonomy can not be arbitrary autonomy,but the arbitration system should be controlled and adjusted according to relevant laws and rules.The second part mainly analyzes the special rules that should be paid attention to in the arbitration proceedings in the exception of the principle of prohibition of arbitration.The second part mainly discusses the special rules of administrative contract dispute arbitration under the procedural and substantive perspectives in the administrative contract dispute resolution that allows the use of arbitration rules,that is,how to use rules to control the arbitration system of administrative contract disputes.First of all,the particularity of the administrative contract makes it quite different from ordinary civil and commercial arbitration.How to run the arbitration proceedings under the circumstance that the arbitration rules should be allowed in the settlement of administrative contract disputes,the relevant rules are still not perfect.From the procedural point of view of the French administrative contract dispute arbitrators should make what special appointment rules.Secondly,it analyzes the special arbitration rules when arbitrating the administrative contract disputes in France from an entity perspective.The author believes that the rules of the arbitration system for the administrative contract disputes are blank.Relatively speaking,the rules of judicial relief for administrative contract disputes are relatively mature,so the judicial remedy rules of the administrative contract disputes can be properly referenced.The third part discusses the implementation and judicial review of the arbitration results of administrative contract disputes.First of all,it explores how to carry out the arbitration of the administrative contract dispute and to determine what type of court has the power to make a "permitting order." Secondly,many aspects of the judicial review of the arbitration results of administrative contractual disputes,such as which type of judges have the power to review orrevoke the arbitration award for administrative contractual disputes,are common or administrative judges;which level of the courts have the right to review and revoke the arbitration results of the administrative contract;whether the parties have the right to agree to relinquish the right of appeal for arbitration results of the administrative contract dispute,and so on. |
